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<br /> 27. COLIECTION COSTS. To the extent ermitted b �O O 0 O O � � �� ���e�� i ' ~
<br /> p y l a w,G r a n t o r a g r e e a t o p ay L e n d e r's r e a s o n a b l e f e e a a n d c o s t s,i n�l u d i n p,bu t no t I Im P�to,.A
<br /> f e e s an d cos t s o f attorneys and other agents finc�uding without limitation paralega ls,clerks and consultants),whether or not 8uc?t pttornsy 0(-aaeht is�
<br /> whether�o�not su�it ns b�ou ghthincludin grrbut not lim t e di t o a�i l et e s a n d r,a o s t s incur e d on appea lg in tiankruptcyr anddfor postrjudigmentcro lection� �'
<br /> acGons.
<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
<br /> any of 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
<br /> is in defauit 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
<br /> properry,as defined in the Deed of Trust,that is not the subject of this or any Partial Deed of Reconveyance.
<br /> 29. MODIFICATION AND WAIYER. 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 exer�"ise 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
<br /> not constitute a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender amends,compromiaes,
<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
<br /> any Grantor, Borrower or third party or any of the Property. Lender's failure to inslst upon strict performance of any of the Obligatfons shali not be
<br /> deemed a 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 tha Trustee from the state whsr�the Property ia looated or in
<br /> case the hoider of the Oblipations shall desire for any reason to remove the Trustee or any aubstitute uustee as trustee hereundar and to ap�o(nt a
<br /> new t�ustee in his place and stead,the holder of the Oblipationa ia hereby granted full power to appoint in writing a subatitute trustee for sald Truatee,
<br /> and the substitute truatee shall,when appointed,become successor to ali rights of Trustee hereunder and the same shall become vested in him for
<br /> the purposes and objects oi 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 representatrves,legatees and devisees.
<br /> 32. NOTICES. ExCept as otherwise required by law,any notice or other commup;cat�o.,co ba o.�..:��ynda�Shi9 o.aa cf?::�s;s;,a�i�o��wriUrig
<br /> and���to t17,R.�a,�t�s,�t.t{te addresses GeSctiGBcf iri thi5 D�ed ofi Tfust Of SUCh othef 8dd�@SS aS the partieS�'tay designate in writing from time to
<br /> time. Any 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
<br /> sent or when 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
<br /> state law. If any provlsion of this Deed of Trust violates the law or is unenforceable,the rest of this Deed of Trust shafl continue to be valid and
<br /> enforceable.
<br /> 34. APPI.ICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the Property is located. Unlsss applicable law provldes
<br /> otherwise,Grantor consents to the jurisdiction 8nd venue of any court selected by Lender,in its sole discretion,located in th�t state.
<br /> 35. NO THIRD-PARTY RIGHTS. No person is or shail 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 Bofrower,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 witl�out�ffecting the rights oi
<br /> Lender with respect to any Property not expressly released in writing, and without impairine in any way the priority of tiys Deed of Truat over the
<br /> interest oF any person acquired or first evidenced by recordine subsequent to the�acordin�of this Deed of Trust,Lendec may,either betore or after
<br /> the maturity of the Obligatlona, and without notice or consent: release ar�y peraon Ilable for payment or performancq of all or any part of the
<br /> Obligations; make any agreement altering the terms of payment or performance of all or any part of the Obligations� e csrcise or refrain from
<br /> exercising or waive any right or remedy that Lender may have under this Deed of Trust; accept additional security ot any kind for any Qf the
<br /> Obligations;or release or othervvise deal with any real or personal property securing the Obligations. Any person acqwring or recording evidence of
<br /> any interest of any nature in the Property shall be deemed,by acquiring such interest or recording any evidence thereof,to have consented to all or
<br /> any such actions by Lender.
<br /> 37. DEFEASANCE Upon the payment and performance in tull of all of the Obligations,Lender will execute and deliver to Grantor those documents �j
<br /> that 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
<br /> incurred for the construction of an improvement on�and,including the acquisition costs of land. This Deed of Trust secures a construction loan,and
<br /> it will be subject to the terms of a construction loan agreement between Grantor and Lender. My materials,equipment or supplies used or intended
<br /> for use in the construction,development, or operation of the Property,whether stored on or off the Property,shall also be subject to the lien of this
<br /> Deed of Trust.
<br /> 39. WAIVER OF HOMESTEAD AND OTNER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which �
<br /> Grantor would otherwise be entitied under any applicable law. , ,
<br /> � '� � � �' s presentment,demand for payment,notice of dishonor
<br /> an pro est except as required yaw, 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 iritegrated understan�iing between Grantor and •
<br /> Lender 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 ElCTION ARISING OUT OF,
<br /> OR BASED UPON,THIS DEED OF TRUST.
<br /> 42. ADDITIONAL TERMS:
<br /> ;
<br /> �
<br /> �
<br /> Grantor acknowiedges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of
<br /> an exact copy of same. r
<br /> Datedthis 3rd dayof January, 2000
<br /> GRAN"fOR: ... p`"�'��.-r , x:.. .,
<br /> �rinNroR: Donald S Shaver G�anl'roa: Diane R Shaver
<br />��-`�n7, � �ti P�. � / `� ��
<br /> - '� .L,�-n.c./ �=-�/
<br /> Dona S S aver � D ane K 3 aver ��—
<br /> GRANTOR: GRANTOR:
<br /> GRANTOR: GRANTOH:
<br /> LPNE511 U �J John H.Huland Co.(9/10/981 18001 837-3789 oe,._.,,.�
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