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Loan No: Eldred224 <br />DEED OF TRUST <br />'Continued) <br />202205427 <br />Page 8 <br />No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Deed of <br />Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean <br />that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not <br />mean Grantor will not have to comply with the other provisions of this Deed of Trust. Grantor also understands <br />that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent <br />again if the situation happens again. Grantor further understands that just because Lender consents to one or more <br />of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. <br />Grantor waives presentment, demand for payment, protest, and notice of dishonor. In the event Lender institutes <br />legal process to obtain possession of the Property and to the extent permitted by law, Grantor hereby knowingly <br />and voluntarily waives any right to a hearing prior to a court order granting Lender the right to take possession of <br />the Property. Grantor waives all rights of exemption from execution or similar law in the Property, and Grantor <br />agrees that the rights of Lender in the Property under this Deed of Trust are prior to Grantor's rights while this <br />Deed of Trust remains in effect. <br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that <br />fact by itself will not mean that the rest of this Deed of "frust will not be valid or enforced. Therefore, a court will <br />enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be <br />invalid or unenforceable. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, <br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If <br />ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may <br />deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or <br />extension without releasing Grantor from the obligations of this Deed, of Trust or liability under the Indebtedness. <br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, <br />or counterclaim brought by any party against any other party. <br />Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead <br />exemption laws, of the State of Colorado as to all Indebtedness secured by this Deed of Trust. <br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: <br />Beneficiary. The word "Beneficiary" means The Private Funding Solution, LLC, and its successors and <br />assigns. <br />Borrower. The word "Borrower" means Matthew Eldred & Rebecca D Vlasin, and includes all co-signers <br />and co -makers signing the Note. <br />Credit Agreement. The words "Credit Agreement" mean the Promissory Note dated July 22, 2022, in the <br />original principal amount of $355,000.00 USD, from Borrower to Lender, together with all renewals of, <br />extensions of, modifications of, re-fmancings of, consolidations of, and substitutions for the promissory note or <br />agreement. <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and <br />includes without limitation all assignment and security interest provisions relating to the Personal Property and <br />Rents. <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, <br />regulations and ordinances relating to the protection of human health or the environment, including without <br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 <br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L <br />No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource <br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or <br />regulations adopted pursuant thereto. <br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in <br />the events of default section of this Deed of Trust. <br />Grantor. "Tie word "Grantor" means Matthew Eldred & Rebecca D Vlasin <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, <br />