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200001877
<br />No remedy herein conferred upon, or reserved to, Trustee or Lender is intended to be
<br />exclusive of any other remedy herein, in the Note or by law provided or permitted, but
<br />each shall be cumulative, shall be in addition to every other remedy given hereunder, in
<br />the Note or now or hereafter existing at law or in equity or by statute, and may be exer-
<br />cised concurrently, independently or successively.
<br />13. Trustee. The Trustee may resign at any time without cause, and Lender may
<br />at any time and without cause appoint a successor or substitute Trustee. Trustee shall not
<br />be liable to any party, including, without limitation, Lender, Borrower, Trustor or any
<br />purchaser of the Property, for any loss or damage unless due to reckless or willful
<br />misconduct, and shall not be required to take any action in connection with the
<br />enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compen-
<br />sation or expenses which may be associated therewith. In addition, Trustee may become
<br />a purchaser at any sale of the Property (judicial or under the power of sale granted
<br />herein); postpone the sale of all or any portion of the Property, as provided by law; or sell
<br />the Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of
<br />power of sale, Trustee shall be entitled to apply any sale proceeds first to payment of all
<br />costs and expenses of exercising power of sale, including all Trustee's fees, and Lender's
<br />and Trustee's attorney's fees actually incurred to the extent permitted by applicable law.
<br />In the event Borrower or Trustor exercises any right provided by law to cure an Event of
<br />Default, Lender shall be entitled to recover from Trustor all costs and expenses actually
<br />incurred as a result of Trustor's default, including, without limitation, all Trustee's and
<br />attorney's fees, to the extent permitted by applicable law.
<br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make
<br />additional and future advances and readvances to Borrower. Such advances and
<br />readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall
<br />the principal amount of the indebtedness secured by this Deed of Trust, not including
<br />sums advanced to protect the security of this Deed of Trust, exceed the original principal
<br />amount stated herein, or $250,000.00, whichever is greater.
<br />16. Miscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of the time for payment or modifi-
<br />cation of amortization of the sums secured by this Deed of Trust granted by Lender to any
<br />successor in interest of Borrower shall not operate to release, in any manner, the liability
<br />of the original Borrower and Borrower's successors in interest. Lender shall not be
<br />required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by
<br />reason of any demands made by the original Borrower and Borrower's successors in
<br />interest.
<br />(b) Lender's Powers. Without affecting the liability of any other person
<br />liable for the payment of any obligation herein mentioned, and without affecting the lien
<br />or charge of this Deed of Trust upon any portion of the Property not then or theretofore
<br />released as a security for the full amount of all unpaid obligations, Lender may, from time
<br />to time and without notice, (i) release any person so liable; (ii) extend the maturity or
<br />alter any of the terms of any such obligations; (iii) grant other indulgences, (iv) release or
<br />reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel,
<br />portion or all of the Property; (v) take or release any other or additional security for any
<br />obligation herein mentioned; or (vi) make compositions or other arrangements with
<br />debtors in relation thereto.
<br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in
<br />exercising any right or remedy hereunder or otherwise afforded by applicable law shall
<br />not be a waiver of, or preclude the exercise of, any such right or remedy. The procure-
<br />ment of insurance or the payment of taxes or other liens or charges by Lender shall not be
<br />a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions.
<br />The covenants and agreements herein contained shall bind, and the rights hereunder shall
<br />inure to, the respective successors and assigns of Lender and Trustor. All covenants and
<br />agreements of Trustor shall be joint and several. The captions and headings of the
<br />paragraphs of this Deed of Trust are for convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />(e) Request for Notices. The parties hereby request that a copy of any
<br />notice of default hereunder and a copy of any notice of sale hereunder be mailed to each
<br />party to this Deed of Trust at the address set forth above in the manner prescribed by
<br />applicable law. Except for any other notice required under applicable law to be given in
<br />another manner, any notice provided for in this Deed of Trust shall be given by mailing
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