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201903152
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Last modified
12/9/2019 6:24:50 PM
Creation date
6/3/2019 4:10:25 PM
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DEEDS
Inst Number
201903152
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201903152 <br />(b) consent to the making of any map or plat thereof, (c) join in granting any easement <br />thereon or in creating any covenants or conditions restricting use or occupancy thereof, or (d) <br />join in any extension agreement or in any agreement subordinating the lien or charge hereof. <br />Section 3.5 - Reconveyance. Upon written request of Beneficiary stating that all <br />sums secured hereby have been paid under the Note, and upon payment of its fees, Trustee <br />shall reconvey, without warranty, the property then held hereunder. The grantee in such <br />reconveyance may be described as "the person or persons legally entitled thereto." When the <br />Mortgaged Property has been fully reconveyed, the last such reconveyance shall operate as a <br />reassignment of all future Rents, issues and profits of the Mortgaged Property to the person or <br />persons legally entitled thereto. <br />Section 3.6- Compensation and Indemnification of Trustee. Trustee shall be entitled <br />to reasonable compensation for all services rendered or expenses incurred in the <br />administration or execution of the trusts hereby created, and Trustor hereby agrees to pay <br />same, subject to all legal limitations. Trustee and Beneficiary shall be indemnified and held <br />harmless by Trustor for, from and against any liability, damage or expense, including <br />reasonable attorneys' fees, Beneficiary's costs and amounts paid in settlement, which Trustee <br />or Beneficiary may incur or sustain in the execution of this trust or in the doing of any act <br />which they, or either of them, are required or permitted to do by the terms hereof or by law, <br />and they shall be reimbursed therefor in accordance with the provisions herein. <br />Section 3.7 - Statute of Limitations. The pleading of any statute of limitations as a <br />defense to any obligation secured by this Deed of Trust is hereby waived to the fullest extent <br />permitted by law. <br />Section 3.8 - Substitution of Trustee. Beneficiary may substitute the Trustee <br />hereunder from time to time, with or without any cause whatsoever, by an instrument in <br />writing in any manner now or hereafter permitted by law and recorded with the Hall County <br />Register of Deeds. Such writing shall be conclusive proof of proper substitution of such <br />successor Trustee, who shall thereupon and without conveyance from the predecessor Trustee, <br />succeed to all its title, estate, rights, powers and duties. <br />Section 3.9 - Definitions. The term "Beneficiary" means the original Beneficiary <br />hereunder, or any future owner and holder, including pledgees, of the Note. This Deed of <br />Trust in all its parts applies to and binds the successors and assigns of Trustor. The provisions <br />hereof shall apply according to the context thereof and without regard to the number or gender <br />of words or expressions used. <br />Section 3.10 - Amendment. No alteration or amendment of this Deed of Trust, the <br />Note or the Loan Documents shall be effective unless in writing and signed by the parties <br />sought to be charged or bound thereby. THIS DEED OF TRUST TOGETHER WITH <br />THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT <br />BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE <br />OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF <br />THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS OF THE <br />PARTIES. <br />18 <br />
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