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201503758
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6/5/2015 4:35:30 PM
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DEEDS
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201503758
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201503' <br />successor Trustee, who will automatically upon recordation of the instrument succeed to all estate, title, rights, <br />powers and duties of the predecessor Trustee, without conveyance from it. Trustor waives any requirement that <br />Trustee make an oath or give a bond. Trustee, or any one acting in its stead, may, employ agents and attorneys in <br />the execution of this trust and /or in the conducting of any sale made pursuant to the terms hereof, and pay for <br />such services rendered out of the proceeds of the sale of the Property; and if there is no sale or if the proceeds of <br />sale are insufficient to pay for such services, then Trustor will pay the cost of such services to Trustee. Trustee may <br />rely on any document believed by it in good faith to be genuine. All money received by Trustee shall, until used or <br />applied as herein provided, be held in trust, but except to the extent otherwise required by Applicable Law, need <br />not be segregated; and Trustee will not be liable for interest thereon. <br />ARTICLE 11 RELEASE AND CONVEYANCE <br />When all of the Secured Obligations have been paid and performed in full, upon written request by <br />Trustor, Beneficiary shall request Trustee in writing to release and reconvey the Property. When Trustee receives <br />Beneficiary's written request for release and reconveyance and all fees and other sums owed to Trustee by <br />Trustor, Trustee shall release this deed of trust and reconvey the Property, or so much of it as is then held under <br />this deed of trust, without warranty to the person or persons legally entitled to it. That person or those persons <br />must pay any costs of recordation. In the reconveyance, the grantee may be described as "the person or persons <br />legally entitled thereto," and the recitals of any matters or facts are conclusive proof of their truthfulness. Neither <br />Beneficiary nor Trustee will have any duty to determine the rights of persons claiming to be rightful grantees of <br />any reconveyance. <br />ARTICLE 12 — MISCELLANEOUS <br />12.01 Additional Provisions. The Secured Obligation Documents state all of the terms and conditions <br />of the parties' agreement regarding the matters mentioned in or incidental to this deed of trust. The Secured <br />Obligation Documents also grant further rights to Beneficiary and contain further agreements and affirmative and <br />negative covenants by Trustor which apply to this deed of trust and to the Property. <br />12.02 Entire Agreement. This deed of trust and the other Secured Obligation Documents collectively: <br />(a) represent the sum of the understandings and agreements between Beneficiary and Trustor concerning this <br />credit; (b) replace any prior oral or written agreements between Beneficiary and Trustor concerning this credit; <br />and (c) are intended by Beneficiary and Trustor as the final, complete and exclusive statement of the terms agreed <br />to by them. <br />12.03 Other Acts. Trustor shall cooperate with Trustee and Beneficiary for the purposes of, and <br />perform all acts which may be necessary or advisable to perfect any Lien provided for in this deed of trust or to <br />carry out the intent of this deed of trust. Promptly (but in no event more than ten days) after request by Trustee <br />or Beneficiary, Trustor will execute, acknowledge and deliver any document which Trustee or Beneficiary deems <br />necessary or advisable for these purposes, and will, on demand, pay any expenses incurred by Trustee or <br />Beneficiary in the preparation, execution and filing of any such documents. <br />12.04 No Waiver or Cure. Each waiver by Trustee or Beneficiary must be in writing, and no waiver is to <br />be construed as a continuing waiver. No waiver is to be implied from any delay or failure by Trustee or Beneficiary <br />to take action on account of any default of Trustor. Consent by Trustee or Beneficiary to any act or omission by <br />Trustor must not be construed as a consent to any other or subsequent act or omission or to waive the <br />requirement for Trustee's or Beneficiary's consent to be obtained in any future or other instance. The exercise by <br />Trustee or Beneficiary of any right or remedy under this deed of trust or the other Secured Obligation Documents <br />or under Applicable Law, shall not: cure or waive a breach, Event of Default or notice of default under this deed of <br />trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of <br />default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under <br />the Secured Obligation Documents, have been cured); or impair the security of this deed of trust; or prejudice <br />Willoughby <br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing <br />Loan no. 197694 <br />16 <br />Rev. 1.7.2015 <br />
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