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201400400
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Last modified
8/19/2014 2:25:24 PM
Creation date
1/23/2014 3:16:30 PM
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DEEDS
Inst Number
201400400
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201400400 <br />12. The last sentence of Paragraph 54(b) of this Security Instrument is amended and restated <br />in its entirety as follows: <br />"In furtherance thereof, Borrower hereby indemnifies Lender and <br />agrees to defend and hold Lender harmless for, from and against <br />any loss, damage or injury by reason of the breach of the covenants <br />and agreements or the representations and warranties set forth in <br />this paragraph." <br />13. To the full extent permitted by law Borrower expressly waives any required notice of the <br />appointment of a receiver or any proceeding to appoint a receiver and any other rights that may <br />arise under A.R.S. § 33- 702(B) and § 12 -1242. <br />14. To the full extent permitted by law, Borrower and its successors and assigns waive all <br />rights and benefits under A.R.S. §§ 12 -1566, 33 -814, 33 -725 and 33 -727. Any party that signs <br />this Security Instrument as a surety or accommodation party or that now or hereafter subjects his, <br />her or its property to this Security Instrument to secure the debt of another expressly waives the <br />benefit of A.R.S. §§ 12 -1641 through and including 12 -1646 and 44 -142 and Ariz. R. Civ. P. <br />17(0 or such similar provisions as may be enacted or adopted hereafter. <br />15. If all of the secured Debt is paid as it becomes due and payable, and all of the covenants, <br />warranties, undertakings and agreements made in this Security Instrument are kept and <br />performed, and all obligations, if any, of Lender for further advances have been terminated, then, <br />and in that event only, all rights under this Security Instrument shall terminate (except to the <br />extent expressly provided herein with respect to indemnifications, representations and warranties <br />and other rights which are to continue following the reconveyance hereof) and the Property shall <br />become wholly clear of the liens, security interests, conveyances and assignments evidenced <br />hereby, and the Property shall be reconveyed by Lender in due form at Borrower's cost. The <br />grantee in such reconveyance may be described as "the person or persons legally entitled <br />thereto." Without limitation, all provisions herein for indemnity of Lender shall survive <br />discharge of the secured obligation and any foreclosure, reconveyance or termination of this <br />Security Instrument. <br />16. All loan origination, standby, commitment and other fees, including attorneys' fees and <br />any commissions or fees paid or to be paid to brokers, prepayment premiums, additional interest, <br />charges, points, goods, things in action or any other sums or things of value, including any <br />compensating balance requirements or other contractual obligations (collectively referred to as <br />the "Additional Sums ") paid or payable by Borrower, whether pursuant to the Note, any other <br />Loan Documents or otherwise with respect to the Debt, that under the laws of the State of <br />Arizona may be deemed to be interest with respect to the Debt shall, for the purpose of any laws <br />of the State of Arizona that may limit the maximum amount of interest to be charged with <br />respect to the Debt, be payable by Borrower as, and shall be deemed to be, additional interest for <br />such purposes only, and Borrower agrees that the contracted for rate of interest shall be the sum <br />of the Applicable Interest Rate or the Default Rate (as defined respectively in the Note), as <br />applicable, plus the interest rate resulting from the Additional Sums being considered as interest. <br />
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