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<br /> 27. COLLECTION COSTS. To the extent permitted by law,Grantor agrees to pay Lender's reasonable fees and costs,including,but not limited to,fees
<br /> and costs of attorneys and other agents (including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an
<br /> employee of Lender,which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Deed of Trust,whether or not
<br /> suit is brought,including,but not limited to,all fees and costs incurred on appeal,in bankruptcy,and for post-judgment collection actions.
<br /> 28. PARTIAL RELEASE. Lender may release its interest in a portion of the Property by executing and recording one or more Partial Deed of
<br /> Reconveyance without affecting its interest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of
<br /> its interest in the Property (except as required under Paragraph 37), nor shall Lender be obligated to release any part of the Property if Grantor is in
<br /> default under this Deed of Trust. The lien and security interest created by the Deed of Trust remain in effect with respect to that portion of the property,as
<br /> defined in the Deed of Trust,that is not the subject of this or any Partial Deed of Reconveyance.
<br /> 29. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must be
<br /> contained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations, delay or fail to exercise any of its rights or
<br /> accept payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not
<br /> constitute a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender amends, compromises,
<br /> exchanges, fails to exercise, impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or any of its rights against any
<br /> Grantor, Borrower or third party or any of the Property. Lender's failure to insist upon strict performance of any of the Obligations shall not be deemed a
<br /> waiver,and Lender shall have the right at any time thereafter to insist upon strict performance.
<br /> 30. SUBSTITUTE TRUSTEE. In case of the death, inability,refusal to act or absence of the Trustee from the state where the Property is located or in
<br /> case the holder of the Obligations shall desire for any reason to remove the Trustee or any substitute trustee as trustee hereunder and to appoint a new
<br /> trustee in his place and stead,the holder of the Obligations is hereby granted full power to appoint in writing a substitute trustee for said Trustee,and the
<br /> substitute trustee shall,when appointed,become successor to all rights of Trustee hereunder and the same shall become vested in him for the purposes
<br /> and objects of this Deed of Trust with all the power,duties and obligations herein conferred on the Trustee.
<br /> `� 31. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their respective
<br /> successors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 32. NOTICES. Except as otherwise required by law, any notice or other communication to be provided under this Deed of Trust shall be in writing and
<br /> '• sent to the parties at the addresses described in this Deed of Trust or such other address as the parties may designate in writing from time to time. Any
<br /> such notice so given and sent by first class mail,postage prepaid, shall be deemed given the earlier of three (3) days after such notice is sent or when
<br /> received by the person to whom such notice is being given.
<br /> 33. SEVERABILITY. Whenever possible,each provision of this Deed of Trust shall be interpreted so as to be effective and valid under applicable state
<br /> law. If any provision of this Deed of Trust violates the law or is unenforceable,the rest of this Deed of Trust shall continue to be valid and enforceable.
<br /> 34. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the Property is located. Unless applicable law provides
<br /> otherwise,Grantor consents to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 35. NO THIRD-PARTY RIGHTS. No person is or shall be a third-party beneficiary of any provision of this Deed of Trust. All provisions of this Deed of
<br /> Trust in favor of Lender are intended solely for the benefit of Lender, and no third party shall be entitled to assume or expect that Lender will waive or
<br /> consent to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 36. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower, Grantor, or any guarantor of the Obligations, or any
<br /> other person (except a person expressly released in writing) for the payment and performance of the Obligations, and without affecting the rights of
<br /> Lender with respect to any Property not expressly released in writing,and without impairing in any way the priority of this Deed of Trust over the interest of
<br /> any person acquired or first evidenced by recording subsequent to the recording of this Deed of Trust, Lender may, either before or after the maturity of
<br /> the Obligations, and without notice or consent: release any person liable for payment or performance of all or any part of the Obligations; make any
<br /> agreement altering the terms of payment or performance of all or any part of the Obligations; exercise or refrain from exercising or waive any right or
<br /> remedy that Lender may have under this Deed of Trust;accept additional security of any kind for any of the Obligations;or release or otherwise deal with
<br /> any real or personal property securing the Obligations. Any person acquiring or recording evidence of any interest of any nature in the Property shall be
<br /> deemed,by acquiring such interest or recording any evidence thereof,to have consented to all or any such actions by Lender.
<br /> 37. DEFEASANCE. Upon the payment and performance in full of all of the Obligations,Lender will execute and deliver to Grantor those documents that
<br /> may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation.
<br /> 38. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Commercial Code,to secure an obligation incurred
<br /> for the construction of an improvement on land, including the acquisition costs of land. This Deed of Trust secures a construction loan, and it will be
<br /> subject to the terms of a construction loan agreement between Grantor and Lender. Any materials,equipment or supplies used or intended for use in the
<br /> construction,development,or operation of the Property,whether stored on or off the Property,shall also be subject to the lien of this Deed of Trust.
<br /> 39. WAIVER OF HOMESTEAD AND OTHER EXEMPT�ONS. Grantor hereby waives all homestead and other exemptions in the Property to which
<br /> Grantor would otherwise be entitled under any applicable law.
<br /> 40. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presentment,demand for payment, notice of dishonor
<br /> and protest except as required by law. All references to Grantor in this Deed of Trust shall include all persons signing below. If there is more than one
<br /> Grantor,their Obligations shall be joint and several. This Deed of Trust represents the complete integrated understanding between Grantor and Lender
<br /> pertaining to the terms and conditions hereof.
<br /> 41. JURY TRIAL WAIVER. LENDER AND GRANTOR HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF
<br /> OR BASED UPON,THIS DEED OF TRUST.
<br /> 42. ADDITIONAL TERMS:
<br /> Grantor acknowledges that Grantor has read,understands, and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of an
<br /> exact copy of same.
<br /> Dated this 29th day of April 1998
<br /> GRANTOR: J@ff M. HOOS GRANTOR: R@beCCa R. HOOS
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<br /> GRANTOR: GRANTOR:
<br /> GRANTOR: GRANTOR:
<br /> GRANTOR: GRAfdTOR:
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