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<br />23. POWER OF ATTORNEY. Grantor hereby appoints Lender as Its attorney -in -fact to endorse Grantor's name on all instruments and other
<br />documents pertaining to the Obligations or Deed of Trust. In addition, Lender shall be entitled, but not required, to perform any action or execute
<br />any document required to be taken or executed by Grantor under this Deed of Trust. Lender's performance of such action or execution of such
<br />documents shall not relieve Grantor from any Obligation or cure any default under this Deed of Trust. All powers of attorney described in this
<br />Deed of Trust are coupled with an interest and are irrevocable.
<br />24. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security interest or encumbrance
<br />discharged with funds advanced by Lender regardless of whether these liens, security interests or other encumbrances have been released of
<br />record.
<br />25. COLLECTION COSTS. To the extent permitted by law, Grantor agrees to pay Lender's reasonable fees and costs, including, but not limited
<br />to, fees and costs of attorneys and other agents (including without limitation paralegals, clerks and consultants), whether or not such attorney or
<br />agent is an employee of Lender, which are Incurred by Lender in collecting any amount due or enforcing any right or remedy under this Deed of
<br />Trust, whether or not suit is brought, including, but not limited to, all fees and costs incurred on appeal, in bankruptcy, and for post - judgment
<br />collection actions.
<br />26. PARTIAL RELEASE. Lender may release its interest in a portion of the Property by executing and recording one or more partial releases
<br />without affecting its interest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its
<br />interest in the Property (except as required under Paragraph 34), nor shall Lender be obligated to release any part of the Property if Grantor is in
<br />default under this Deed of Trust.
<br />27. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must
<br />be contained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations, delay or fail to exercise any of its
<br />rights or accept payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waiver on one
<br />occasion shall not constitute a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender
<br />amends, compromises, exchanges, fails to exercise, impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party
<br />or any of its rights against any Grantor, Borrower or third party or any of the Property. Lender's failure to insist upon strict performance of any of
<br />the Obligations shall not be deemed a waiver, and Lender shall have the right at any time thereafter to insist upon strict performance.
<br />28. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their respective
<br />successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees,
<br />29. NOTICES. Except as otherwise required by law, any notice or other communication to be provided under this Deed of Trust shall be in
<br />writing and sent to the parties at the addresses described in this Deed of Trust or such other address as the parties may designate in writing from
<br />time to time. Any such notice so given and sent by first class mail, postage prepaid, shall be deemed given the earlier of three (3) days after such
<br />notice is sent or when received by the person to whom such notice is being given.
<br />30. SEVERABILITY. Whenever possible, each provision of this Deed of Trust shall be interpreted so as to be effective and valid under applicable
<br />state law. If any provision of this Deed of Trust violates the law or is unenforceable, the rest of this Deed of Trust shall continue to be valid and
<br />enforceable.
<br />31. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the Property is located. Unless applicable law
<br />provides otherwise, Grantor consents to the jurisdiction and venue of any court selected by Lender, in its sole discretion, located in that state.
<br />32. NO THIRD -PARTY RIGHTS. No person is or shall be a third -party beneficiary of any provision of this Deed of Trust. All provisions of this
<br />Deed of Trust in favor of Lender are intended solely for the benefit of Lender, and no third party shall be entitled to assume or expect that Lender
<br />will waive or consent to the modification of any provision of this Deed of Trust, In Lender's sole discretion.
<br />33. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower, Grantor, or any guarantor of the Obligations, or
<br />any other person (except a person expressly released in writing) for the payment and performance of the Obligations, and without affecting the
<br />rights of Lender with respect to any Property not expressly released in writing, and without impairing in any way the priority of this Deed of Trust
<br />over the interest of any person acquired or first evidenced by recording subsequent to the recording of this Deed of Trust, Lender may, either
<br />before or after the maturity of the Obligations, and without notice or consent: release any person liable for payment or performance of all or any
<br />part of the Obligations; make any agreement altering the terms of payment or performance of all or any part of the Obligations; exercise or refrain
<br />from exercising or waive any right or remedy that Lender may have under this Deed of Trust; accept additional security of any kind for any of the
<br />Obligations; or release or otherwise deal with any real or personal property securing the Obligations. Any person acquiring or recording evidence
<br />of any interest of any nature in the Property shall be deemed, by acquiring such interest or recording any evidence thereof, to have consented to
<br />all or any such actions by Lender.
<br />34. DEFEASANCE. Upon the payment and performance in full of all of the Obligations, Lender will execute and deliver to Grantor those
<br />documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation.
<br />35. CONSTRUCTION LOAN. FI This Deed of Trust is a construction mortgage under the Uniform Commercial Code, to secure an obligation
<br />incurred for the construction of an improvement on land, Including the acquisition costs of land. This Deed of Trust secures a construction loan,
<br />and it will be subject to the terms of a construction loan agreement between Grantor and Lender. Any materials, equipment or supplies used or
<br />intended for use in the construction, development, or operation of the Property, whether stored on or off the Property, shall also be subject to the
<br />lien of this Deed of Trust.
<br />36. WAIVER OF HOMESTEAD. Grantor hereby waives all homestead exemptions in the Property to which Grantor would otherwise be entitled
<br />under any applicable law.
<br />37. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presentment, demand for payment, notice of
<br />dishonor and protest except as required by law. All references to Grantor in this Deed of Trust shall include all persons signing below. If there is
<br />more than one Grantor, their Obligations shall be joint and several. This Deed of Trust represents the complete integrated understanding
<br />between Grantor and Lender pertaining to the terms and conditions hereof.
<br />38. JURY TRIAL WAIVER. LENDER AND GRANTOR HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT
<br />OF, OR BASED UPON, THIS DEED OF TRUST.
<br />39. ADDITIONAL TERMS:
<br />LPC0611D 0 John H. Hatand Co. (5/28/97) (1100) 937.3788 Page 4 of 0
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