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3/2/2023 4:24:04 PM
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3/2/2023 4:24:02 PM
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DEEDS
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202300986
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202300986 <br />Section 9.7 Severability. <br />In the event any one or more of the provisions of this Deed of Trust or any of the other Loan <br />Documents shall for any reason be held to be invalid, illegal or unenforceable, in whole or in part or in any <br />other respect, or in the event any one or more of the provisions of the Loan Documents operates or would <br />prospectively operate to invalidate this Deed of Trust or any of the other Loan Documents, then and in <br />either of those events, at the option of Lender, such provision or provisions only shall be deemed null and <br />void and shall not affect the validity of the remaining Obligations, and the remaining provisions of the Loan <br />Documents shall remain operative and in full force and effect and shall in no way be affected, prejudiced <br />or disturbed thereby. <br />Section 9.8 Notices. <br />All Notices required or which any party desires to give hereunder shall be in writing and shall be <br />deemed sufficiently given or furnished if delivered by personal delivery or by nationally recognized <br />overnight courier service, addressed to the party to whom directed at the applicable address specified in the <br />Preamble to this Deed of Trust (unless changed by similar notice in writing given by the particular party <br />whose address is to be changed). Any Notice shall be deemed to have been given either at the time of <br />personal delivery or, in the case of courier, as of the date of first attempted delivery at the address and in <br />the manner provided herein; provided that service of a Notice required by any applicable statute shall be <br />considered complete when the requirements of that statute are met. Notwithstanding the foregoing, no <br />notice of change of address shall be effective except upon actual receipt. This Section shall not be construed <br />in any way to affect or impair any waiver of notice or demand provided in this Deed of Trust or in any other <br />Loan Document or to require giving of notice or demand to or upon any Person in any situation or for any <br />reason. <br />Section 9.9 Joint and Several Liability. <br />If Grantor consists of two (2) or more Persons, the term "Grantor" shall also refer to all Persons <br />signing this Deed of Trust as Grantor, and to each of them, and all of them are jointly and severally bound, <br />obligated and liable hereunder. Trustee or Lender may release, compromise, modify or settle with any of <br />Grantor, in whole or in part, without impairing, lessening or affecting the obligations and liabilities of the <br />others of Grantor hereunder or under the Loan Agreement. Any of the acts mentioned aforesaid may be <br />done without the approval or consent of, or notice to, any of Grantor. <br />Section 9.10 Rules of Construction. <br />The words "hereof," "herein," "hereunder," "hereto," and other words of similar import refer to this <br />Deed of Trust in its entirety. The terms "agree" and "agreements" mean and include "covenant" and <br />"covenants." The words "include" and "including" shall be interpreted as if followed by the words "without <br />limitation." The headings of this Deed of Trust are for convenience of reference only and shall not be <br />considered a part hereof and are not in any way intended to define, limit or enlarge the terms hereof. All <br />references (a) made in the neuter, masculine or feminine gender shall be deemed to have been made in all <br />such genders, (b) made in the singular or plural number shall be deemed to have been made, respectively, <br />in the plural or singular number as well, (c) to the Loan Documents are to the same as extended, amended, <br />restated, supplemented or otherwise modified from time to time unless expressly indicated otherwise, (d) <br />to the Land, Improvements, Personalty, Real Property or Property shall mean all or any portion of each of <br />the foregoing, respectively, and (e) to Articles or Sections are to the respective Articles or Sections <br />contained in this Deed of Trust unless expressly indicated otherwise. Any term used or defined in the <br />Uniform Commercial Code of the State, as in effect from time to time, which is not defined in this Deed of <br />Trust shall have the meaning ascribed to that term in the Uniform Commercial Code of the State. If a term <br />26 <br />
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