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� 99 107972
<br /> 23. Substitute Trustee. Lender may, from time to time, by instrument in writing, substitute a successor
<br /> or successors to any Trustee named in the Security Instrument or acting thereunder. Such instrument shall be
<br /> executed and acknowledged by Lender and recorded in the office of the recorder of the county or counties where the
<br /> Property is situated and shall be conclusive proof of the proper substitution of such successor Trustee or Trustees.
<br /> Such successor Trustee or Trustees shall, without conveyance from the predecessor Trustee, succeed to all its title,
<br /> estate, rights, powers and duties. The procedure herein provided for substitution of Trustees shall not be exclusive
<br /> of other provisions for substitution permitted by law.
<br /> 24. Request for Notices. Borrower, for himself or herself and for Lender, hereby requests that a copy of
<br /> any notice of default and notice of sale be sent to both Borrower's address, which is the Property Address, and to
<br /> Lender's address indicated above.
<br /> 25. Statement of Obligation Fee. Lender may collect a fee equal to the maximum amount as may from
<br /> time to time be allowed by law for furnishing any statement of obligation, beneficiary's statement, beneficiary's
<br /> demand or any other statement regarding the condition of or balance owing under the Note or secured by this Security
<br /> Instrument.
<br /> 26. No Adjustment to Interest Rate or Monthly Payment. The Note contains provisions which provide
<br /> for the interest rate and the amount of the monthly payment of principal and interest to be fixed to maturity. These
<br /> provisions are incorporated herein by this reference.
<br /> 27. Offsets. No indebtedness secured by this Security Instrument shall be deemed to have been offset or
<br /> to be offset or compensated by all or part of any claim, cause of action, counterclaim or crossclaim, whether
<br /> liquidated or unliquidated, which Borrower (or, subject to paragraph 17 of this Security Instrument, any successor
<br /> to Borrower) now or hereafter may have or may claim to have against Lender.
<br /> 28. Misrepresentation and Nondisclosure. Borrower has made certain written representations and
<br /> disclosures in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument
<br /> secures. In the event that Borrower has made any material misrepresentation or failed to disclose any material fact,
<br /> Lender, at its option and without prior notice or demand shall have the right to declare the indebtedness secured by
<br /> this Security Instrument, irrespective of the maturity date specified in the Note or notes secured by this Security
<br /> Instrument, immediately due and payable. Trustee, upon presentation to it of an affidavit signed by Lender setting
<br /> forth facts showing a default by Borrower under this paragraph, is authorized to accept as true and conclusive all facts
<br /> and statements therein, and to act thereon hereunder.
<br /> 29. Time is of the Essence. Time is of the essence in the performance of each provision of this Security
<br /> Instrument.
<br /> 30. Waiver of Statute of Limitations. The pleading of the statute of limitations as a defense to enforcement
<br /> of this Security Instrument, or any and all obligations referred to herein or secured hereby, is hereby waived to the
<br /> fullest extent permitted by law.
<br /> 31. Modification. This Security Instrument may be modified or amended only by an agreement in writing
<br /> signed by Borrower and Lender.
<br /> 32. Captions. The captions and headings at the beginning of each paragraph of this Security Instrument are
<br /> for the convenience of reference only and will not be used in the interpretation of any provision of this Security
<br /> Instrument.
<br /> 33. Construction of the Security Instrument. Borrower and Lender agree that this Security Instrument
<br /> shall be interpreted in a fair, equal, and neutral manner as to each of the parties.
<br /> 34. Miscellaneous. When used in this Security Instrument, the terms "include" or "including" shall mean
<br /> without limitation by reason of enumeration. In this Security Instrument, whenever the context so requires, the
<br /> masculine gender includes the feminine and/or neuter, and the singular number includes the plural.
<br /> 35. Reimbursement. To the extent permitted by applicable law, Borrower shall reimburse Trustee and
<br /> Lender for any and all costs, fees and expenses which either may incur, expend or sustain in the execution of the trust
<br /> created hereunder or in the performance of any act required or permitted hereunder or by law or in equity or
<br /> otherwise arising out of or in connection with this Security Instrument, the Note, any other note secured by this
<br /> Security Instrument or any other instrument executed by Borrower in connection with the Note or this Security
<br /> Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in
<br /> connection with Trustee and Lender providing documents or services arising out of or in connection with this Security
<br /> Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by
<br /> Borrower in connection with the Note or this Security Instrument.
<br /> 36. Clerical Error. In the event Lender at any time discovers that the Note, any other note secured by this
<br /> Security Instrument, this Security Instrument, or any other document or instrument executed in connection with this
<br /> Security Instrument, the Note or any other note secured by this Security Instrument contains an error that was caused
<br /> by a clerical mistake, calculation error, computer malfunction, printing error or similar error, Borrower agrees,upon
<br /> notice from Lender, to re-execute any documents that are necessary to correct any such error(s). Borrower further
<br /> agrees that Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or indirectly
<br /> caused by any such error.
<br /> 37. Lost, Stolen, Destroyed or Mutilated Security Instrument and Other pocuments. In the event of
<br /> the loss, theft or destruction of the Note, any other note secured by this Security Instrument, this Security Instrument
<br /> or any other documents or instruments executed in connection with this Security Instrument, the Note or any other
<br /> note secured by this Security Instrument (collectively, the "Loan Documents"), upon Borrower's receipt of an
<br /> indemnification executed in favor of Borrower by Lender, or, in the event of the mutilation of any of the Loan
<br /> Documents, upon Lender's surrender to Borrower of the mutilated Loan Document, Borrower shall execute and
<br /> deliver to Lender a Loan Document in form and content identical to, and to serve as a replacement of, the lost,
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