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<br /> executed and acknowledged by Lender and recorc�ed in the office of the recorder of the county or counties
<br /> where such Real Property is situated shall be conclusive proof of proper substitution of such successor Trustee
<br /> or Trustees, who shall, without conveyance from the Trustee's predecessor, succeed to all the title, estate,
<br /> rights, powers and duties as Trustee. Such inshuiuent shall contain the name and address of the Successor
<br /> Trustee. The procedure herein provided for substitution of Trustee shall not be exclusive of other provisions
<br /> for substitution provided by law_
<br /> 29. TRUSTEE. Except as required by law, Trustee is not obligated to notify any parly hereto of
<br /> pending sale under any other instrument or of any action or proceeding in which Borrower, Lender or Trustee
<br /> shall be a party.
<br /> 30. TIME OF ESSENCE. Time is of the essence for all of Borrower's obligations hereunder and
<br /> under the Loan Agreement and other Loan Documents.
<br /> 31. WAIVER OF STATUTE OF LIMITATIONS. To the extent permitted by law, Borrower
<br /> waives a11 present or future statutes of limitation with respect to any debt, demand or obligation secured
<br /> hereunder in any action or proceeding for the puxpose of enforcing this Instrun�ent or any rights or remedies
<br /> hereunder.
<br /> 32. INJIJRY TO PROPERTY. All causes of action of Sorrower, whether accrued befare ar
<br /> after the date of this Inslxument for damages or injury to the Real Property or any part thereof, or in connection
<br /> with or affecting the Real Property or any part thereof,including causes of action arising in tort or contract and
<br /> causes of action for fraud or concealment of a mat�rial fact, are, at Lender's option, assigned to Lender, and
<br /> the proceeds thereof shall be paid to Lender who, after deducting therefrom all of its expenses, including
<br /> reasonable attorneys' fees, may apply such proceeds to the sums secured by this Instrument or to any
<br /> deficiency under this Instrument or may release ar�y monies so received by it or any part thereof as Lender
<br /> may elect. Lender may, at its option, appeax in and prosecute in its own name any action or proceed'mg to
<br /> enforce any such cause of acrion and may make any comproxnise or settlement thereof. Borrower agrees to
<br /> execute any further assignments and olher instrume�ts as fro�time to time may be necessary to effectuate the
<br /> foregoing provisions and as Lender shall request.
<br /> 33. OFFSETS. No indebtedness secured by this Instrument shall be deemed to have been offset
<br /> or compensated by all or part of any claim, cause of action, counterclaim or part of any claun, cause of action,
<br /> counterclaim or crossclaim,whetherwliquidated or unliquidated,which Borrower now or hereafter may have or
<br /> may claim to have against Lender. " `
<br /> 34. MISREPRESENTATION OR NiDNDISCLOSURE. Borrower has made certain �vritten
<br /> representations and disclosures in order to induce Lender to make the loans owing-�nder the Loan Agreexiient
<br /> which this Instrument secures and, in the event that Borrower has made any material misrepresentations or
<br /> failed to disclose any material fact,Lender,at its option and without prior notice,shall have the right to declare
<br /> the indebtedness secured by this Instrument,irrespective of the maturity date specified in the Loan Agreement,
<br /> immediately due and payable. The Trustee, upon�presentation to it of an affidavit signed by Lender setting
<br /> forth facts showing a default by Borrower under this paragraph (if such aftidavit is required by applicable
<br /> law), is authorized to accept as true and conclusive all facts and statements therein, and to act thereon
<br /> hereunder.
<br /> 35. WAIVER OF MARSI3ALLINGa Notwithstanding the e�stence of any otlier security
<br /> interests in the Real Property held by Lender, Lender shall have the right to detenuiiie the order in which any
<br /> or all of the Real Property shall be subjected to the remedies provided herein. Lender sha11 have the right to
<br /> determine the order in which any or a11 portions c�f the indebtedness secured hereby are satisfied from the
<br /> pr�ceeds realized upon the exercise of the remedies�provided herein. Borrower, any party who consents to this
<br /> Instrument and any pariy who now or hereafter acquires a security interest in xhe Real Property and who has
<br /> actual or constructive notice hereof, hereby waives any and all right to require the marshalling of assets in
<br /> connection with the exercise of any of the remedies perrnitted�y applicable law or provided herein.
<br /> 36. REQUEST FOR NOTICES. Borrower requests that copies of any notice of default and
<br /> notice of sale hereunder be sent to Borrower at Borrower's address stated above.
<br /> 37. GENERAL PROVISIONS.
<br /> a. This Instrument applies to, inures to �he benefit of, and binds all parties hereto, their
<br /> heirs,legatees,devisees,administrators, exerutors, successors and assigns.
<br /> b. The term"Lender"shall mean the owner and holder(includiug a pledgee)of the Loan
<br /> Agreement secured hereby,whether or not named as Lender herein.
<br /> c. The term"Promissory Note" shall mean the promissory note dated June 23, 2015 in
<br /> the original principal amount of$50,000.00 from Borrower to Lender, together with all renewals of,
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