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89105089
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Last modified
10/20/2011 11:54:09 AM
Creation date
10/20/2005 10:02:20 PM
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DEEDS
Inst Number
89105089
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E <br />. . F <br />$+�-- 105089 <br />deliver to Trustee such documents as may be required to obtain a <br />reconveyance under this Deed of Trust. <br />A.10 111eyality. if any provision of this Deed of <br />—Tres inval£d� ar un1�nE ©reeable under <br />preawnt or future laws effective during the term at thls [VeW01 - -- <br />Trust, the 1e9a3ity, validi.ty., and eengorceability of the <br />remaining provisions of this Deed of Trust shall not be affected <br />thereby, and in lieu of each such illegal, invalid or unenforce- <br />able provision there shall be added automatically as a part of <br />this Deed of Trust a provision as similar in terms to such <br />illegal, invalid, or unenforceable provision as may be possible <br />and be legal, valid, and enforceable. if the rights and liens <br />created by this Deed of Trust shall be invalid or unenforceable. <br />as to any part of the Secured Obligations, then the unsecured <br />portion of the Secured obligations shall. be completely paid prior <br />to the pay=ftt of the remaining and-- Zecure Portion Secured <br />Secured obligations, and all payments. <br />obligations shall be considered to have beeh'0aid on and applied <br />Mat to the complete. ,payment of the.. uimsv�ca *d portion of the <br />`Secured,obligations. <br />5.11 Usury Savings Clause. It is expressly stipulated <br />agreed to be the intent of Beneficiary and Grantor, At' all <br />and times to :- coe►ply with.. tht applicable-': law governing the highest..: <br />lawful f:oterest rate. tf the applicable law is ever jud£cially' <br />t�erpreted so ea to render ue:urious any amount called for under. <br />�N tes or uad*r any of the•..'trther Loan Docuaaamentse or, contrac <br />:ed' fac a char9ed1,' taken:,- reserved or received: with respect to the . <br />.•loan evidenced therebyi -or if aicceleration of the initurity Of the <br />•.!Rotes, any prepayment by Grantor,' or any other circumstance <br />wjhatsoever, results in:Grantor having paid any interest in 'excess <br />of that permitted by applicable law, then it is the *Xpress <br />intent of, Grantor and Beneficiary that all excess "Amounts <br />theretofore collected by Benefic_i,aty.be credited on the principal <br />.balance of the Notes (or, if the.`dt :have been or would thereby <br />0e paid in full, refunded to Grantor } --, and the provisions of the <br />,,.,,,Notts and other. Loan Documents immediately lie deemed reformed and <br />the amounts thereafter collectible hereunder and thavounder <br />reduce4w, , without the necessity of the execution.: -off; a-ILy new <br />docuseitt, so as to comply with the applicable law,i.:bizt,sa.as to <br />per the recovery of the fullest amount otherwise m tl,-1!ed for <br />hereunder and thereunder. The right to accelerate Matx3,ci+ty of <br />the Notes does not include the right to accelerate- ang,.'.*.t%tsrest <br />which has not otherwise accrued on the date of suctti..acast+ ration, <br />and Beneficiary does not intend to collect any unearned Interest <br />in the event of acceleration. All sums paid- or agreed to be paid <br />to Beneficiary for the use, forbearance or detention of the <br />indebtedness evidenced hereby or by the Motes shall, to the <br />extent permitted by applicable law, be anortised, prorated, <br />allocated and spread throughout the full term of such indebted- <br />-27- <br />c <br />L <br />L. <br />• <br />1 <br />a] <br />k <br />rf <br />w <br />
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