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<br /> 4° TION COSTS. To the extent permitted by law, Grantor agrees to pay LendePs reasonable fees and costs,including, but not limited to, �
<br /> ``i'°-: cosis of attorneys and other agents(including without limitation paralegals,clerks and consultants),whether or not such al3orney or agent is
<br /> f n employee of Lender, which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Deed of Trust,
<br /> oihether or not suit�s brought, including, but not limited to, all fees and costs incurred on appeal, in bankruptcy,and for post-jucigment collection
<br /> F ctions.
<br /> ::8. PARTIAL RELEASE. Lsnder may release its interest in a portion of the Property by executing and recording one or more Partial Deed of
<br /> Fleconveyance without affecting its interest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release
<br /> f ny of its interest in the Property(except as required under Paragraph 37),nor shall Lender be obligated to release any part of the Property if Grantor
<br /> i:in default under this Deed of Trust. The lien and securi intereat creatad by the Deed of Trust remain in effect with respect to ihat portion of the
<br /> ��roperty,as defined in the Deed of Trust,that is not the sub�ect of this or any Partial Deed of Reconveyancc�.
<br /> ::9. MODIFICATION AND WAIVER. The modiflcatfon or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must be
<br /> c ontained in a writing aigned by Lender. Lender may perform any of BorrowaPs or Grantor's Obligations,delaX or fail to exercise any of its rights or
<br /> s.xept payments from(3rantor or anyons other than Grantor without causing a waiver of those Obligations or nghts. A waiver on one occasion shall
<br /> r�at oonstitute a waiver on any other oxasion. Grantor's Obligatio�s under this Deed of Trust shall not be affected if Lender amends,compromises,
<br /> e xchangss,fails to axercise,impairs or roleases any of the Obligations belonging to any Grantor, Borrower or third party or any o�its rights against
<br /> t.ny GraMOr, Borrower or third party or any of the Property. Lender's failure to insist upon strict performance of any of the Obligations shall not be
<br /> cleemed a waiver,and Lender shall have the right at any time thereafter to insist upon strict performance.
<br /> :�0. SUBSTITUTE TRUSTEE. In case of the death,inability,refusal to act or absence of the Trustee from the state where the Property fs located or in
<br /> case the holder of the Obligations shall desire for any reason to ramove the Trustee or any substitute trustee as trustea hereunder and to appoint a
<br /> r�ew trustee in his place and stead,the holder of the Obligations is hereby granted full power to appoint in writing a substitute trustea for said Trustee,
<br /> ::nd the substitute trustee shalt,when appointed,become suxessor to all rights of Trustee hereunder and the same shall become vested in him for
<br /> t ne purposes and objects of this Deed of Trust with all the power,duties and obligations herein conferred on the Trustee.
<br /> :�1. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their respective
<br /> :uccessors,assigns,trustees,receivers,administrators,personat representatives,legatees and devisees.
<br /> :�2. NOTICES. Except as otherwise required by law,any notice or other communication to be provided under this Deed of Trust shall be in writing
<br /> t�d � parties at the addresses descnbed in this Deed of Trust or such other address as the parties may designate in writing from time to
<br /> sent to the ����nt by f►rst,, ,. , ��� p�spaid ahalt be deemed given the earliar of d�ns(3)days after such notice is
<br /> . `�`��� ' �����'; ,., auo���6s�'�irt�piven. �
<br /> .�3: $�IERABILI'TY Whenswr pa��l�sach proviaton of this Deed ot Truat shall be interpreted so as to be effective and valid under applicable
<br /> ;tate law. If any provision of this Deed of Trust violates the law or is unenforceable,the rest of this Deed of Trust shall continue to be valid and
<br /> F nforceable.
<br /> ;t4. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the Property is located. Unless applicable law provides
<br /> c�therwise,Grantor consents to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> :t5. NO THIRD-PARTY RIGHTS. No person is or shall be a third-party beneficiary of any provision of this Deed of Trust. All provisiuns of this Deed of
<br /> "rust in favor of Lender are intended solely for the benefit of Lender,and no third party shall be entitled to assume or expect that Le:nder will waive or
<br /> consent to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> :i6. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower,Grantor,or any guarantor of the Obligations,or any
<br /> c�ther person (except a person expressly released in writing)for the payment and performance of the Obligations,and without affecting the rights of
<br /> l.ender with respect to any Property not expressly released in writing, and without impairing in any way the priority of this Deed of Trust over the
<br /> i iterest of any person acquired or first evidenced by recording subsequent to the recording of this Deed of Trust, Lender may,eitlier before or after
<br /> t�e maturity of the Obligations, and without notice or consent: release any person liable for payment or performance of all c�r any part of the
<br /> t)bligations; make any agreement altering the terms of payment or performance of all or any part of the Obligations; exerci:>e or refrain from
<br /> E�xercising or waive any right or remedy that Lender may have under this Deed of Trust; axept additional security of any kind for any of the
<br /> c)bligations;or release or otherwise deal with any real or personal property securing the Obligations. My person acqwnng or recording evidence of
<br /> a.ny interest of any nature in the Property shall be deemed,by acquiring such interest or recording any evidence thereof,to have consented to all or
<br /> �.ny such actions by Lender.
<br /> :�7. DEFEASANCE. Upon the payment and performance in full of all of the Obligations,Lender will execute and deliver to Grantor those documents
<br /> t�at may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation.
<br /> :�8. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Commercial Code, to secure an obligation
<br /> i icurred for the construction of an improvement on land,including the acquisition costs of land. This Deed of Trust secures a cone.truction loan,and
<br /> i:will be subject to the terms of a construction loan agreement between Grantor and Lender. Any materiats,equipment or supplies used or intended
<br /> t�r use in the construction,development, or operation of the Property,whether stored on or off the Property,shall also be subject to the lien of this
<br /> l�ed of Trust.
<br /> :t9. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which
<br /> cirantor would otherwise be entitled under any applicable law.
<br /> ��0. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presentment,demand for payment,notice of dishonor
<br /> .:nd protest except as required by law. All references to Grantor in thia Deed of Trust shall include all persons signing below. If there�is more than one
<br /> �irantor,their Obligations shaH be joint and several. This Deed of Trust represents the �mplete intagrated understanding bet�veen Grantor and
<br /> l.ender pertaining to the terms and conditions hereof.
<br /> �•1. JURY TRIAL WAIVER. LENDER AND GRANTOR HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION p,RISING OUT OF,
<br /> a)R BASED UPON,THIS DEED OF TRUST.
<br /> �i2. ADDITIONALTERMS:
<br /> c;rantor acknowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of
<br /> �,n exact copy of same.
<br /> [)atedthis 24th dayof November, 1999
<br /> rRa�TO • Richard K Qap a cw►NTOR: Donna R G pa
<br /> ar � o8p onna a pa
<br /> GR4JTOR: GRANTOR:
<br /> GR4�TOR: GRANTOR:
<br /> i
<br /> GR4�TOR: GRANTOR:
<br /> I PNF�11 f1 (E� Fnim�finn T�nFn..I....im I..w r1�/C/�cl IeMI ea�e�m n___.��
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