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<br />33. MISREPRESENTATION OR NONDISCLOSURE. Borrower has made certain written
<br />representations and disclosures in order to induce Lender to make the loan evidenced by the Note which this
<br />Instrument secures and, in the event that Borrower has made any material misrepresentations or failed to disclose
<br />any material fact, Lender, at its option and without prior notice, shall have the right to declare the indebtedness
<br />secured by this Instrument, irrespective of the maturity date specified in the Note, immediately due and payable.
<br />The Trustee, upon presentation to it of an affidavit signed by Lender setting forth facts showing a default by
<br />Borrower under this paragraph (if such affidavit is required by applicable law), is authorized to accept as true and
<br />conclusive all facts and statements therein, and to act thereon hereunder.
<br />34. WAIVER OF MARSHALLING. Notwithstanding the existence of any other security interests
<br />in the Property held by Lender, Lender shall have the right to determine the order in which any or all of the Property
<br />shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any
<br />or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the
<br />remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter
<br />acquires a security interest in the Property and who has actual or constructive notice hereof, hereby waives any and
<br />all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by
<br />applicable law or provided herein.
<br />35. REQUEST FOR NOTICES. Borrower requests that copies of any notice of default and notice
<br />of sale hereunder be sent to Borrower at Borrower's address stated above.
<br />36. GENERAL PROVISIONS.
<br />a. This Instrument applies to, inures to the benefit of, and binds all parties hereto, their
<br />heirs, legatees, devisees, administrators, executors, successors, and assigns.
<br />b. The term "Lender" shall mean the owner and holder (including a pledgee) of the Note
<br />secured hereby, whether or not named as Lender herein.
<br />C. Wherever the context so requires, the masculine gender includes the feminine and neuter,
<br />and the singular number includes the plural, and vice versa.
<br />d. Captions and paragraphs headings used herein are for convenience only, are not part of
<br />this Instrument, and shall not be used in construing it.
<br />37. ADJUSTABLE RATE PROVISIONS. The Note contains provisions which permit: (a)
<br />increases and decreases to the rate of interest provided in the Note; and (b) increases and decreases to the payment
<br />of principal and interest. Reference is made to the Note for a complete description of the adjustable rate terms of the
<br />indebtedness secured by this Instrument.
<br />38. FUTURE ADVANCES. Upon request of Borrower, Lender, at Lender's option, so long as this
<br />Instrument secures indebtedness held by Lender, may make Future Advances to Borrower. Such Future Advances,
<br />with interest thereon, shall be secured by this Instrument when evidenced by promissory notes stating that such
<br />notes are secured hereby.
<br />39. CORRECTION OF DEFECTS. Borrower, upon request of Lender, shall promptly correct any
<br />defect, error or omission that may be discovered by Lender in the content of this Instrument or in the execution or
<br />acknowledgment hereof. In addition, Borrower shall do such further acts as may be deemed necessary by Lender or
<br />that Lender may reasonably request to carry out more effectively the purposes of this Instrument, to subject any
<br />property intended to be encumbered hereby to the lien and security interest hereof, and to perfect and maintain the
<br />first lien and security interest hereof.
<br />40. INVALID PROVISIONS. Should any term, provision, covenant or condition of this Instrument
<br />be held to be void or invalid, the same shall not affect any other term, provision, covenant or condition of this
<br />Instrument, but the remainder hereof shall be effective as though such term, provision, covenant or condition had not
<br />been contained herein. In addition, should this Instrument be or become ineffective as a deed of trust, then these
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