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200011180
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Last modified
10/13/2011 11:01:45 PM
Creation date
10/20/2005 10:48:30 PM
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DEEDS
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200011180
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securities and the security hereunder, either concurrently or independently and in such order as <br />American Family may determine. <br />SECTION 7.5 RIGHTS CUMULATIVE. Each right, power or remedy <br />conferred in any of the Loan Documents upon American Family is cumulative and in addition <br />to every other right, power or remedy, express or implied, now or hereafter arising, available to <br />American Family, at law or in equity, or under the Code, or under any other agreement, and <br />each and every right, power and remedy herein set forth or otherwise so existing may be exercised <br />from time to time as often and in such order as may be deemed expedient by American Family <br />and shall not be deemed a waiver of the right to exercise, concurrently or at any time thereafter <br />any other right, power or remedy. No delay or omission by American Family in the exercise of <br />any right, power or remedy arising hereunder or arising otherwise shall impair any such right, <br />power or remedy or the right of American Family to resort thereto at a later date or be construed <br />to be a waiver of an Event of Default under any of the Loan Documents. <br />SECTION 7.6 SUBSEQUENT AGREEMENTS. Any agreement hereafter <br />made by Borrower and American Family pursuant to this Trust. Deed shall be superior to the <br />rights of the holder of any intervening Lien or encumbrance. <br />SECTION 7.7 WAIVER OF MARSHALING. Borrower waives, to the <br />full extent lawfully allowed, the benefit of any stay and extension laws now or hereafter in force. <br />Borrower waives any rights available with respect to marshaling of assets so as to require the <br />separate sales of any portion of the Premises, or as to require American Family to exhaust its <br />remedies against a specific portion of the Premises before proceeding against any other and does <br />expressly consent to and authorize sale of the Premises or any part thereof as a single unit or <br />parcel. <br />SECTION 7.8 BUSINESS LOAN REPRESENTATION. Borrower <br />represents and warrants to American Family that the Loan evidenced by the Note is a business <br />loan transacted solely for the purpose of carrying on the business of Borrower. <br />SECTION 7.9 LEGAL LIMITS OF THE INDEBTEDNESS. All <br />agreements between Borrower and American Family are expressly limited so that in no <br />contingency or event whatsoever, whether by reason of acceleration of maturity of the <br />Indebtedness or otherwise, shall the amount paid or agreed to be paid to American Family for <br />the use, forbearance, loaning or retention of the Indebtedness exceed the maximum permissible <br />under applicable law. If, from any circumstances whatsoever, fulfillment of any provisions of any <br />of the Loan Documents shall involve transcending the limit of validity prescribed by law, then <br />the obligation to be fulfilled shall automatically be reduced to the limit of such validity. If, from <br />any circumstances, American Family should ever receive as interest an amount which would <br />exceed the highest lawful interest rate, such amount which would be in excess of such highest <br />lawful interest rate shall be applied to reduction of the principal balance evidenced hereby and not <br />to the payment of interest. This provision shall control every other provision of all agreements <br />40 <br />
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