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20180'7236 <br />Trustor will not, and will not permit any tenant or other occupant of the Mortgaged Property to, use the Mortgaged <br />Property in any manner that violates any state or federal law. No further permits, licenses, approvals, variances, <br />public hearings or governmental orders or consents are necessary for the operation of the Mortgaged Property for its <br />intended purposes or for the construction of any planned Improvements. <br />6.2 Accuracy of Information. All information, certificates or statements given to Beneficiary by or on behalf of <br />Trustor in connection with or pursuant to any of the Loan Documents or the loan facility evidenced thereby will be <br />true and complete when given. <br />ARTICLE VII. MISCELLANEOUS <br />In addition to all other miscellaneous provisions under the Loan Documents which are expressly incorporated as a <br />part of the Deed of Trust, the following provisions will also apply: <br />7.1 Term of Deed of Trust. The Deed of Trust shall continue in full force and effect until the Deed of Trust is <br />released. <br />7.2 Time of the Essence. Time is of the essence with respect to payment of the Obligations, the performance of all <br />covenants of Trustor and the payment of taxes, assessments, and similar charges and insurance premiums. <br />7.3 Subrogation. Beneficiary will be subrogated to the lien of any deed of trust, mortgage or other lien discharged, <br />in whole or in part, by the proceeds of the Note or other advances by Beneficiary, in which event any sums <br />otherwise advanced by Beneficiary shall be immediately due and payable, with interest at the default rate set forth in <br />the Loan Documents from the date of advance by Beneficiary to the date of payment by Trustor, and will be one of <br />the Obligations secured by the Deed of Trust. <br />7.4 Choice of Law. Creation, perfection, priority, enforcement and foreclosure of the Deed of Trust and the liens <br />and remedies hereunder will be governed by the laws of the state in which the Mortgaged Property is located. For <br />all other purposes, the choice of law specified in the Loan Documents will govern. <br />7.5 Severability. Invalidity or unenforceability of any provision of the Deed of Trust shall not affect the validity or <br />enforceability of any other provision. <br />7.6 Copies; Entire Agreement; Modification; Demand Obligations. Trustor hereby acknowledges the receipt of <br />a copy of the Deed of Trust, together with a copy of each promissory note secured hereby, and all other documents <br />executed by Trustor in connection herewith. The Deed of Trust is intended by Trustor and Beneficiary as a final <br />expression of the Deed of Trust and as a complete and exclusive statement of its terms, there being no conditions to <br />the full effectiveness of the Deed of Trust. No parol evidence of any nature shall be used to supplement or modify <br />any terms. <br />IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS DEED OF TRUST SHOULD BE <br />READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING AND SIGNED BY THE PARTIES <br />ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS <br />WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. THE TERMS OF THIS DEED OF TRUST <br />MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT. THIS NOTICE SHALL ALSO <br />BE EFFECTIVE WITH RESPECT TO ALL OTHER LOAN DOCUMENTS NOW IN EFFECT BETWEEN <br />TRUSTOR AND BENEFICIARY. A MODIFICATION OF ANY LOAN DOCUMENT NOW IN EFFECT <br />BETWEEN TRUSTOR AND BENEFICIARY, WHICH OCCURS AFTER RECEIPT BY TRUSTOR OF <br />THIS NOTICE, MAY BE MADE ONLY BY ANOTHER WRITTEN INSTRUMENT. ORAL OR IMPLIED <br />MODIFICATIONS TO SUCH LOAN DOCUMENTS ARE NOT ENFORCEABLE AND SHOULD NOT BE <br />RELIED UPON. <br />IN THE EVENT ANY OF THE OBLIGATIONS SECURED HEREBY IS PAYABLE UPON DEMAND, <br />NEITHER THE DEED OF TRUST NOR ANYTHING CONTAINED HEREIN SHALL BE DEEMED TO <br />ALTER, LIMIT, OR OTHERWISE IMPINGE UPON THE DEMAND CHARACTER OF SUCH OBLIGATIONS. <br />7.7 Joint Liability; Successors and Assigns. If there is more than one Trustor, the liability of Trustors will be <br />joint and several, and the reference to "Trustor" shall be deemed to refer to each Trustor and to all Trustors. The <br />rights, options, powers and remedies granted in the Deed of Trust and the other Loan Documents shall extend to <br />Beneficiary and to its successors and assigns, shall be binding upon Trustor and its successors and assigns, and shall <br />be applicable hereto and to all renewals, amendments and/or extensions hereof. <br />04-004 0 us bancorp 2013 (rev. 2.2 - 02/2018) <br />Page 7 <br />312321, vers. 2 <br />