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202202660
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4/12/2022 4:26:50 PM
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4/12/2022 4:26:43 PM
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202202660
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202202CG0 <br />provisions set forth in this Article shall apply to and be made a part of the Mortgage. In the event of any <br />inconsistencies between the terms and provisions of this Article and the other terms and provisions of this <br />Mortgage, or to the extent, and only to the extent, any of the terms and provisions in this Article conflict <br />with, or are ambiguous when read together with, any of the other terms and provisions of this Mortgage, <br />the provisions of this Article shall govern. Capitalized words and phrases contained in this Article shall <br />have the definition ascribed to them in the main body of the Mortgage, unless the context manifestly <br />requires otherwise. <br />Section 8.2. California Mortgage Foreclosure Law. No portion of the Obligations shall be or be <br />deemed to be offset or compensated by all or any part of any claim, cause of action, counterclaim or cross- <br />claim, whether liquidated or unliquidated, which Mortgagor may presently have or claim to have against <br />the Trustee, or the Lender. Mortgagor hereby waives, to the fullest extent permitted by any applicable <br />Requirement of Law, the benefits of California Code of Civil Procedure § 431.70 (and any other any <br />applicable Requirement of Law of similar import) which provides: <br />Where cross -demands for money have existed between persons at any <br />point in time when neither demand was barred by the statute of limitations, <br />and an action is thereafter commenced by one such person, the other <br />person may assert in the answer the defense of payment in that the two <br />demands are compensated so far as they equal each other, notwithstanding <br />that an independent action asserting the person's claim would at the time <br />of filing the answer be barred by the statute of limitations. If the cross - <br />demand would otherwise be barred by the statute of limitations, the relief <br />accorded under this section shall not exceed the value of the relief granted <br />to the other party. The defense provided by this section is not available if <br />the cross -demand is barred for failure to assert it in a prior action under <br />Section 426.30. Neither person can be deprived of the benefits of this <br />section by the assignment or death of the other. For purposes of this <br />section, a money judgment is a demand for money, and, as applied to a <br />money judgment, the demand is barred by the statute of limitations when <br />enforcement of the judgment is barred under Chapter 3 (commencing with <br />Section 683.010 of Division 1 of Title 9). <br />ARTICLE IX <br />Special Idaho Provisions <br />Section 9.1. Inconsistencies. With respect to the Property located in the state of Idaho, the <br />provisions set forth in this Article shall apply to and be made a part of the Mortgage. In the event of any <br />inconsistencies between the terms and provisions of this Article and the other terms and provisions of this <br />Mortgage, or to the extent, and only to the extent, any of the terms and provisions in this Article conflict <br />with, or are ambiguous when read together with, any of the other terms and provisions of this Mortgage, <br />the provisions of this Article shall govern. Capitalized words and phrases contained in this Article shall <br />have the definition ascribed to them in the main body of the Mortgage, unless the context manifestly <br />requires otherwise. <br />Section 9.2. Redemption. Pursuant to I.C. 11-310, in the event of a mortgage foreclosure of the <br />Mortgaged Property located in the state of Idaho, Mortgagor has the statutory right to redeem the Mortgaged <br />Property located in the state of Idaho within one year if the Mortgaged Property is more than twenty (20) <br />acres and within six months if the Mortgaged Property is twenty (20) acres or less. <br />51 <br />144646513 <br />
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