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20200209/ <br />subject to consent or approval of Lender in any Loan Document shall not be deemed a waiver of the right <br />to require such consent or approval to future or successive transactions or actions. <br />24. Upon satisfaction of all of Trustor's obligations under the Loan Documents, and upon written request <br />of Lender stating that all sums secured hereby have been paid, and upon surrender of this deed of trust <br />and the Note to Trustee for cancellation and upon payment by Trustor of Trustee's fees, Trustee shall <br />reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the <br />Property then held hereunder. The recitals in such reconveyance of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the <br />person or persons legally entitled thereto." <br />25. Trustor agrees that any "Communications" (as defined herein) directed to Trustor by Lender or any <br />subsidiary, affiliate, or agent of Lender or Lender's parent association (collectively, the "Lender") may be <br />provided in electronic form or transmitted by electronic means. As used herein, "Communications" means <br />all notices, disclosures, documents, or other communications given by the Lender to Trustor, including, <br />without limitation, all shareholder communications and any disclosures, notices, or communications <br />relating to any transaction between Trustor and the Lender, but expressly excluding any notice required <br />by applicable law to be provided in paper form. Trustor acknowledges that electronic Communications <br />entail risks (including the risk of interception by a third party) and Trustor hereby releases the Lender from <br />all liability relating to the electronic provision or transmission of any and all Communications. Trustor <br />agrees to provide Lender upon request with the e-mail address or addresses of Trustor and to notify <br />Lender within ten (10) days if there are any changes to its e-mail address or addresses. Any <br />Communication sent by e-mail will be deemed received when sent to the last e-mail address or addresses <br />of any Trustor known by Lender. Any Communication digitally published by the Lender on an Internet <br />website will be deemed received when the Lender has both published the Communication and notified <br />Trustor at its last e-mail address known by Lender that the Communication has been published. <br />Transmission of any Loan Document as an "electronic record" containing Trustor's "electronic signature," <br />as those terms are defined in applicable federal and state laws, or facsimile transmission of any Loan <br />Document containing a facsimile of Trustor's signature, shall be as effective, enforceable and valid as if <br />a paper version of such Loan Document was delivered containing such original written signature. The <br />parties intend that the electronic method used as provided herein reliably establishes the identity of <br />Lender as a holder in due course. and agree that each Loan Document produced by such electronic <br />method shall be for all purposes (including perfection of security interests and admissibility of evidence) <br />the sole original authenticated Loan Document and shall be effective as a transferable record; and to the <br />extent, if any, that any Loan Document constitutes chattel paper (as the term is defined in the applicable <br />Uniform Commercial Code), no security interest in such Loan Document may be created through the <br />transfer or possession of any counterpart or copy thereof, other than the Loan Document produced by <br />such electronic method. Trustor agrees not to raise as a defense to the enforcement of any Loan <br />Document that Trustor executed such Loan Document by electronic or digital means or used facsimile or <br />other electronic means to transmit its signature on such Loan Document. At any time, Trustor may <br />request a paper copy of any Loan Document or other record Lender made available to Trustor <br />electronically. Trustor may revoke the consent to receive electronic Communications contained in this <br />paragraph by sending thirty (30) days' prior written notice of such revocation, signed by Trustor, to Lender <br />by certified mail, return receipt requested. In the event of any conflict between the terms of this paragraph <br />and the terms of any other agreement entered into by Trustor and the Lender regarding electronic <br />signatures or communications, then as to such other agreement, the terms of such other agreement shall <br />control as to such electronic signatures or communications. <br />WAIVER OF JURY TRIAL. TRUSTOR HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY <br />JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO <br />THIS TRUST DEED OR ANY RELATED LOAN DOCUMENT. <br />oni <br />2 <br />S, L) ) <br />Phillip JDibbem Lori L Dibbern <br />App #: 5662905; CIF #: 102103; Acct #: 3233409 202EA Legal Doc. Date: April 3, 2020 <br />Page 8 of 9 <br />FORM 5011, Trust Deed, Security Agreement and Assignment of Rents <br />