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27, COLLECTION COSTS- 7n the Pxtent permitted by law Grantor - 200104326
<br />foe
<br />dgraos to pay Lender s reasonable fees and casts, including, but not limited to,
<br />anc to t, of attorneys and other agents (including without limitation paralegals, clerks and consultants), whet
<br />w employed of Lertcfar, which are inng, bu by Lender t collecting any amount due or enforcing any right or remedyounder attorney or of Trust,
<br />Qtiorler qr nog Euit is brought, including, but not limited fo, all tees and casts Incurred on appeal, in bankruptcy, and for post judgment collection
<br />aotior+S.
<br />213, PAR "f1AL (l"LEASE. L.endor may release its interest in cr portion of the Property by executing and recording one or more Partial pled of
<br />Reconvvyur,rle without Affectinrg its interest in the remaining portion of the Property. Nothing herein shaft be cleerned to obligate Lender to re ?ease
<br />any e4 its l+it�4rest In tho Property (except as required under Paragraph 37), nor shall Lender be obligated to release any part of VIG Property if Granter
<br />is in defa,.11t under this Ned of Treat. The Tien and security interest created by the Deed of Trust remain in effect with respect to that portion of the
<br />propuriy, a$ delinad in the Deed of Trust, that is not the subject of this or any Partial Dead of Reconveyance.
<br />29, innd F a wliON AND WAIVER. The modification or waiver of any of Grantor's Obligations Or Loader's rights under this Deed of Trust must be
<br />conf;,innd in a writing iegnod by Lender. Lander may paiform any of iiorrowet'a or Grantor's Ohl)gations, delay or fail to exercise any of its rights or
<br />'accept payments irorn Grantor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waiver on one occasion shall
<br />act conslitt'13 a waiver on any ether occasion. Grantor's obligations under this Deod of Trust shall not be affected If Lender amends, eompromlces,
<br />exahang.):s, fails to excrcisE, impairs or raleases any of the Obligations belonging to any Grantor, Sorrower or third party or any of its rights against
<br />any Grantor, Borrower or third arty or any of the Property. Lendof% fallure to insist upon strict performance of any of the Obligations shall not be
<br />doorried a waiver, and Lender :f nli have the right at any time thereafter to Insist upon stnct perforrclance.
<br />SO, S"BSTITUTE TRUSTEE, In cafe of the death, Inability, refusal to act of absence of the Trustee from the state where the Property
<br />case the na {der cf the ee ti- ations shall desire for an reason to remove the Trustee or any substitute trustee as trustee hereunder and to ap cint a
<br />new trustoo in his pl:�cc- And stand, the holder of the Obligations is hereby trustee t it located or a,
<br />and the sl.rhsti4ule tr t3ide e}lXtlI vat on ap2oinied, became successor to alll ightt of Trustee hereunder and the same shall becoe vested tedl n him t ©or
<br />the purpcs €; an-.1 objcclht of this Deed of rust with all the power, duties and obligations herein conferred on the Trustee,
<br />37, !iUCCEtiSCJRS AND ASSIGNS. This peed of 'Trust shalt be binding uf�on and inure to the benefit Of Gfar%tor and Lender and their respective
<br />su ^cossnrs, :zsr:iq+x;, trustees, receivers, administratars, personal representatives, legatees and devisees,
<br />32, NOTICES. Excypt as otherwise required by law, any notice or nthw• comm+onicAtion to be providod under this peed of Trust shall be in writing
<br />Znd sent to lire I>arties at the addresses do7scribed in this Deed Of Trust or such other address as the parties may designate in writing from time to
<br />iliac- Arty such notice so Vie person and sort by first class mail, pOStacge, prepaid, .:hall be deemed given the earlier of three (3j days after such notice Is
<br />>ent or tvFicn rocrlveif by the person to whore such notice is being tgiven,
<br />sta SFw, If £JJt,ITY, Whenever possible, each provision of this Deod of Trust shall be interpreted so as to be effective and valid under applicable
<br />tale ea If any provision of this Dead of Trust viOlatos the law Or is unenforceable, the rest of this heed of Trust shall continue to be valid and
<br />cslforceaf�i w,
<br />34, APPLICABLE LAW. ThIls Dead of Trust shaff be governed by the laws of the state where the property is Incatod. Unless applicable law provides
<br />o0mrw'so, t.rir,ti r consents to the jurisdiction and venue of any court selected by Londw, in its sole drsoretion, located In that stale.
<br />35. NO THInD- PARTY RIGHTS. No person I3 or shall be a third-party beneficiary of any provision Of this peed of Trust, Ait p(Avisfurm of this Oeed Of
<br />Truer in favor of Loader are intended solely for the benefit of Lendigr, and no third party shall be entitled to aysurne or expect that Lender will waive nr
<br />consur'it to tht, modification of oily provl;;Ion of this C—d of Trust, in Lender's sole disc(etion.
<br />36- other PRE$EftVA'1ION t7TF LlA✓31LITY AND PRIORITY. Without affecting the liability of Borrower, Grantor, or any guarantor of the t�biigatian.r, or any
<br />other pa son (e: %wept a person expressly released in writng) for the payment and performance of the Obligations, and without affecting the rights of
<br />Lender with fc% I) Oct to any PiopertY not expressly released In writing, and without Impairing in any way the priority of this peed of gust over the
<br />Interest of any prrecn .acqu;rad or first evidencod by recording subsequent to the recording of this Deed of Trust, Lender may, either before or after
<br />t +A m =rturity a the Obligations, and without notice or consent: release any person liable for payment or performance of all or any part of U-re
<br />Obligation make any agreement altering the terms of payment or performance of all or any part of the Obligations; exercise or retrain from
<br />exercicirg or waive any right or remedy that Lender may have WOW this peed of Tfusf; accept additional security of any kind for any of the
<br />OML713afinns; of release or otherwise deaf with any real Or personal property securing the Obligations, Any person acquiring ar y recording kin o evl y of le
<br />any Inforest of anV nature in
<br />r. the P opert, shalt he deemed, by acquiring such interest or recordino any evidence thereof, to have consented to all or
<br />any such actions )y ol
<br />a7. DErFASANCE. tlpnn the payrnont And performance in full of ail of the Obligations, Lender will execute and doliver to Grantor those documents
<br />that may bo required to releaso this Doed of Trust of record. Grantof ,halt be responsible to pay any costs of recordation.
<br />38, CONSTRUCTION LOAN. L. j This Deed of Trust is a construction mortgage under the Uniform Cornmerclat Coda, to secure en cblitgcrtion
<br />incurred for the construction of an improvement on land, including the acquisition costs of land. This Dead Of Trust seoures a oonstr'uotion loan, and
<br />it will be s,+bjer, t to the terrr'is of a construction loan acgreement between Granter and Lendof• Any materials, equipment or supplies used or intended
<br />frrf devolopment, or operation of the Property, whether stored on or off the Property, shall also be subject fQ the Jinn of thrd
<br />Decd of Truest.
<br />39. WAIVER OF 110MESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives ail hernestead and other exemptions In the Property to which
<br />Grantor would ctl�tvrwi;,e be entitled under any applicable law,
<br />40. MISC:ELLANFOUS, Grantor and Lender agree that timo is of the essence. Grantor waives presentrrient, dornand for payment, notice of dishonor
<br />an-.t proleat 6xcopt A, required by law. All references to Grantor in this Deed of Trust shall includo all persons slgrrinq below. if there fa more than one
<br />Grantor, their OLligations shall Pe joint and several. This Deed of rru.st represents the complete integrated understanding between Grantor and
<br />Lender pertNining to the terms and conditions hereof,
<br />41. JU14Y TRIM, WAIVER. LENDER AND GRANTOR HEREBY WAIVE ANY RIGHT TO TRIAL, BY JURY IN ANY CIVIL ACTION ARISING OUT OF,
<br />OR BASED UPON, THIS DEED OF TRUST.
<br />42. ADDrriONALTERM&
<br />anuxa r aoi prof S,ge; that Grantor has read, understands, and 4cgre�a.s to the terms ;and conditforls of this peed of Trust, and ackn,owfedges receipt of
<br />01 estOf copy of s ere,
<br />Dsted thi .._?? - -,,. clay ofaY. 2001
<br />cR.�,tuTr:,it: .Tot�x1 Fzo rL` Kosq
<br />411ZAAA
<br />GRANTOR: S.11eryj Ann KOSCh
<br />SEe- -i purer K
<br />r vtrJTrrl ;:
<br />(;RAN TOR:
<br />Nl NTCmi
<br />,I IANTOi t,
<br />Lrpirn ,, 1D a, „or}n 11. I,•,;!,:,,d ("), ,°.7 /io!. ^,pl (20711 537 -n?ll
<br />GRANTOR:
<br />GfiANTOR:
<br />05/02/01 14:55 TX /RX N0.7425 P.001 0
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