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201702613
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Last modified
7/28/2017 3:37:09 PM
Creation date
4/24/2017 9:44:35 AM
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DEEDS
Inst Number
201702613
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r <br /> 2� 17�2� 13 <br /> Secured �bliga��ons to Trustee for cance��ation, Trust�e sha�l reconvey, without vvarranty, the Trust <br /> Praperty, or that pnrtion thereaf then cover�d hereby, from�he Iien of th�is I�eed of Trust. The recitals af <br /> any matters or facts �n any reconveyance executed hereunder sha��be conc�usive proof of the tru�hfulness <br /> thereof. Ta the ex�ent permitted by law, the reconveyance may des�ribe the gran�ee as "the persan ar <br /> persans legal�y �n�itled there�o." Neither Beneficiary nar Trus�ee sha11 have any duty to d�termine the <br /> rights of pers�ns cla�ming to be rightfu�grantees of any recanveyance. When the Trust Proper�y has been <br /> fut�y reconveyed, the last such reconveyance shall operate as a reassignment of alI future Rents tv the � <br /> person or persons legally entitled thereta. Upon Benef�ciary's demand, Trustor sha�l pay all costs and <br /> expenses incurred by Benef�ciary in cannection with any recon�eyance. . <br /> � <br /> 3.17 Subrn atian. Beneficiary shal�be�ubragated to�he lien�f all enCuml�rances, whether or not <br /> released af record, paid �n whale or in part by Benef�ciary pursuant to this I]eed of Trust or by the <br /> praceeds af any Secured�bliga�ion. <br /> 3.18 Trus�ar I]ifferent Fram �bli��r �"Third Part�Trus�or"�. As used in this Section, the term <br /> "�bligar�' sha�I mean each persan or entity obligated in any manner under any of th� Secured�b�igatians; <br /> and the t�rm "Third Party Trust�r" sha�l mean �1� each persor� or entity included in the definitian of <br /> Trustor herein and which is nat an �bligor urider all of the Secured �bligations, and (2} each persan or <br /> �nt�ty inc�uded in the def�nition of Trustar herein if any�bligor is not included in said definition. <br /> �a� Re�resentations and Warranties. Each Third Party Trustor represents and warrants to <br /> Benef�ciary that: (i}this Deed �f Trust �s executed at an �bligor's request; �ii}this Deed af Trust <br /> camp��es with all agreements be�ween each Third Party Trustor and any ��lig�r regarding such Third <br /> Party Trustor's executi�n hereof; (iii�Beneficiary has made no repr�sentation to any Third Party Trustor <br /> as to the creditwor�hiness of any �bligor; and �iv�each Third Par�y Trustar has established ad�quate <br /> means of obtaining from ea�h�bl�gor on a cantinuing basis financial and other�nforma�ifln per�aining to <br /> such �bligor's financial condition. Each Third Party Trustor agrees �o keep adequately inform�d from <br /> such means of any facts, e�ents ar circumstances which might in any way affe�t such Third Party <br /> Trustor's risks hereunder. Each Third Party Trustor further agrees that Beneficiary shall have na <br /> obligation�fl disclose to any Third Party Trustor any informatian�r materia� about any �bligor which�s <br /> acquired by Beneficiary in any manner. The liability of ea�h Third Farty Trustor hereunder shall b� <br /> reins�ated and revived, and the rights of Ben�f�ciary shall continue if and to the exten�that for any r�asan <br /> ar�y amaun� at any time paid on account of any Secured �bligatian is rescinded ar must otherwise be <br /> restored by Benefi�iary, whether as a r�sult of any proceedings in bankrupt�y or reorganization or <br /> otherwise, a�l as th�ugh such amount had nat been paid. The determination as to whether any amount so <br /> paid must be resci.nded or restored shall be ma�e by Beneficiary in�ts sole d�scretian; provided how�ver, <br /> �hat if Beneficiary choases ta contest any such matt�r at the requ�st of any Th�rd Party Trus�or, each <br /> Third Par�y Trustor agrees to �ndemnify and hold Ben�ficiary harmless from and against all casts and <br /> expenses, including reasanable attorneys' fees, expended ar incurred by Beneficiary in connection <br /> therewith, inc�uding withou�limita�ian,in any litigati�n v�ith respect there�a. <br /> �b} Waivers. <br /> �i� Ea�h Third Party Trustor waives any right to require Benefic�ary to: (A�proceed <br /> against any �b�igor or any ather person; �B�marshal assets or pr�ceed against or e�haust any security <br /> he1�1 fr�m any �bligor�r any ath�r person; ���give notice of the terms, time and place �f any public �r <br /> private sale�r ather disposition af persona�praperty security held fram any�bligor or any o�her person; <br /> �D}take any other action ar pursue any o�her remedy in Benefic�ary's power; or (E�mak� any <br /> presentment �r demand for perfarmance, or give any notice of n�nperformanc�, protest, notice of protest <br /> �r no�ice of dishonor hereunder or in cor�nectian with any obligations or e�idences of�ndebtedness held <br /> by Beneficiary as security for or which const�tu�e in whole ar in part �he 5ecured �bligations, or in <br /> connec�ion With the creation�f new ar additianal obligations. <br /> _$_ <br />
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