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04 -004 © us bancorp 2013 (rev. 1.1 - 05/2014) Page 8
<br />20140596
<br />IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS DEED OF TRUST SHOULD BE
<br />READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING AND SIGNED BY THE PARTIES
<br />ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS
<br />WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. THE TERMS OF THIS DEED OF TRUST
<br />MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT. THIS NOTICE SHALL ALSO
<br />BE EFFECTIVE WITH RESPECT TO ALL OTHER LOAN DOCUMENTS NOW IN EFFECT BETWEEN
<br />TRUSTOR AND BENEFICIARY. A MODIFICATION OF ANY LOAN DOCUMENT NOW IN EFFECT
<br />BETWEEN TRUSTOR AND BENEFICIARY, WHICH OCCURS AFTER RECEIPT BY TRUSTOR OF
<br />THIS NOTICE, MAY BE MADE ONLY BY ANOTHER WRITTEN INSTRUMENT. ORAL OR IMPLIED
<br />MODIFICATIONS TO SUCH LOAN DOCUMENTS ARE NOT ENFORCEABLE AND SHOULD NOT BE
<br />RELIED UPON.
<br />IN THE EVENT ANY OF THE OBLIGATIONS SECURED HEREBY IS PAYABLE UPON DEMAND,
<br />NEITHER THE DEED OF TRUST NOR ANYTHING CONTAINED HEREIN SHALL BE DEEMED TO
<br />ALTER, LIMIT, OR OTHERWISE IMPINGE UPON THE DEMAND CHARACTER OF SUCH OBLIGATIONS.
<br />7.7 Joint Liability; Successors and Assigns. If there is more than one Trustor, the liability of Trustors will be
<br />joint and several, and the reference to "Trustor" shall be deemed to refer to each Trustor and to all Trustors. The
<br />rights, options, powers and remedies granted in the Deed of Trust and the other Loan Documents shall extend to
<br />Beneficiary and to its successors and assigns, shall be binding upon Trustor and its successors and assigns, and shall
<br />be applicable hereto and to all renewals, amendments and/or extensions hereof.
<br />7.8 Indemnification. Except for harm arising from Beneficiary's or Trustee's willful misconduct, Trustor hereby
<br />indemnifies and agrees to defend and hold Beneficiary and Trustee harmless from any and all losses, costs,
<br />damages, claims and expenses (including, without limitation, attorneys' fees and expenses) of any kind suffered by
<br />or asserted against Beneficiary or Trustee relating to claims by third parties arising out of the financing provided
<br />under the Loan Documents or related to the Mortgaged Property (including, without limitation, Beneficiary's failure
<br />to perform its obligations relating to Environmental Matters described in Section 2.8 above) or the exercise by
<br />Beneficiary or Trustee of any of their respective powers, rights and remedies under the Deed of Trust. This
<br />indemnification and hold harmless provision will survive the termination of the Loan Documents and the
<br />satisfaction of the Deed of Trust and Obligations due Beneficiary.
<br />7.9 Notices. Notice of any record shall be deemed delivered when the record has been (a) deposited in the United
<br />States Mail, postage pre -paid, (b) received by overnight delivery service, (c) received by telex, (d) received by
<br />telecopy, (e) received through the internet, or (f) when personally delivered.
<br />7.10 Expenses and Attorneys' Fees. To the extent permitted by applicable law and in addition to those costs and
<br />expenses payable under the Loan Documents, all costs, receiver, trustee and attorneys' fees and other disbursements
<br />(including, without limitation, costs of procuring title commitments, title insurance, title searches, appraisals,
<br />environmental tests, reports and audits) incurred in connection with the preparation, administration, execution,
<br />defense, collection (pre and post judgment) and foreclosure of the Deed of Trust, whether incurred before or after
<br />commencement of litigation or at trial, on appeal or in any other proceeding, may be recovered by Beneficiary and
<br />included in any sale made hereunder or by judgment of foreclosure.
<br />7.11 Usury Savings Clause. Notwithstanding anything herein or in the Note to the contrary, no provision
<br />contained herein or in the Note which purports to obligate Trustor to pay any amount of interest or any fees, costs or
<br />expenses which are in excess of the maximum permitted by applicable law, shall be effective to the extent that it
<br />calls for the payment of any interest or other sums in excess of such maximum. All agreements between Trustor and
<br />Beneficiary, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no
<br />contingency, whether by reason of demand for payment of or acceleration of the maturity of any of the indebtedness
<br />secured hereby or otherwise, shall the interest contracted for, charged or received by Beneficiary exceed the
<br />maximum amount permissible under applicable law. If, from any circumstance whatsoever, interest would
<br />otherwise be payable to Beneficiary in excess of the maximum lawful amount, the interest payable to Beneficiary
<br />shall be reduced to the maximum amount permitted under applicable law; and if from any circumstance Beneficiary
<br />shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an
<br />amount equal to any excessive interest shall at Beneficiary's option, be refunded to Trustor or be applied to the
<br />reduction of the principal balance of the indebtedness secured hereby and not to the payment of interest or, if such
<br />excessive interest exceeds the unpaid balance of principal indebtedness secured hereby, such excess shall be
<br />refunded to Trustor. This paragraph shall control all agreements between Trustor and Beneficiary.
<br />7.12 Release of Rights of Dower, Homestead and Distributive Share. Each of the undersigned hereby
<br />relinquishes all rights of dower, homestead and distributive share in and to the Mortgaged Property and waives all
<br />rights of exemption as to any of the Mortgaged Property.
<br />219648, vers. 2
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