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202400425
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1/29/2024 3:36:56 PM
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1/29/2024 3:36:55 PM
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DEEDS
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202400425
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202400425 <br />to consent or approval of Lender in any Loan Document shall not be deemed a waiver of the right to require <br />such consent or approval to future or successive transactions or actions. <br />24. Upon satisfaction of all of Trustor's obligations under the Loan Documents, and upon written request of <br />Lender stating that all sums secured hereby have been paid, and upon surrender of this deed of trust and the <br />Note to Trustee for cancellation and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to <br />Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then <br />held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally <br />entitled thereto." <br />25. Trustor agrees that any "Communications" (as defined herein) directed to Trustor by Lender or any <br />subsidiary, affiliate, or agent of Lender or Lender's parent association (collectively, the "Lender") may be <br />provided in electronic form or transmitted by electronic means. As used herein, "Communications" means all <br />notices, disclosures, documents, or other communications given by the Lender to Trustor, including, without <br />limitation, all shareholder communications and any disclosures, notices, or communications relating to any <br />transaction between Trustor and the Lender, but expressly excluding any notice required by applicable law <br />to be provided in paper form. Trustor acknowledges that electronic Communications entail risks (including <br />the risk of interception by a third party) and Trustor hereby releases the Lender from all liability relating to the <br />electronic provision or transmission of any and all Communications. Trustor agrees to provide Lender upon <br />request with the e-mail address or addresses of Trustor and to notify Lender within ten (10) days if there are <br />any changes to its e-mail address or addresses. Any Communication sent by e-mail will be deemed received <br />when sent to the last e-mail address or addresses of any Trustor known by Lender. Any Communication <br />digitally published by the Lender on an Internet website will be deemed received when the Lender has both <br />published the Communication and notified Trustor at its last e-mail address known by Lender that the <br />Communication has been published. Transmission of any Loan Document as an "electronic record" <br />containing Trustor's "electronic signature," as those terms are defined in applicable federal and state laws, or <br />facsimile transmission of any Loan Document containing a facsimile of Trustor's signature, shall be as <br />effective, enforceable and valid as if a paper version of such Loan Document was delivered containing such <br />original written signature. The parties intend that the electronic method used as provided herein reliably <br />establishes the identity of Lender as a holder in due course. and agree that each Loan Document produced <br />by such electronic method shall be for all purposes (including perfection of security interests and admissibility <br />of evidence) the sole original authenticated Loan Document and shall be effective as a transferable record; <br />and to the extent, if any, that any Loan Document constitutes chattel paper (as the term is defined in the <br />applicable Uniform Commercial Code), no security interest in such Loan Document may be created through <br />the transfer or possession of any counterpart or copy thereof, other than the Loan Document produced by <br />such electronic method. Trustor agrees not to raise as a defense to the enforcement of any Loan Document <br />that Trustor executed such Loan Document by electronic or digital means or used facsimile or other electronic <br />means to transmit its signature on such Loan Document. At any time, Trustor may request a paper copy of <br />any Loan Document or other record Lender made available to Trustor electronically. Trustor may revoke the <br />consent to receive electronic Communications contained in this paragraph by sending thirty (30) days' prior <br />written notice of such revocation, signed by Trustor, to Lender by certified mail, return receipt requested. In <br />the event of any conflict between the terms of this paragraph and the terms of any other agreement entered <br />into by Trustor and the Lender regarding electronic signatures or communications, then as to such other <br />agreement, the terms of such other agreement shall control as to such electronic signatures or <br />communications. <br />WAIVER OF JURY TRIAL. TRUSTOR HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY <br />IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS TRUST <br />DEED OR ANY RELATED LOAN DOCUMENT. <br />C.�/ �Li.va-tel <br />erem Gewecke <br />d''/(A/ <br />ey N Gewecke <br />FORM 5011, Trust Deed and Assignment of Rents 276RS Legal Doc. Date: January 22, 2024 <br />Page 8 of 9 <br />
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