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200200327 <br />covering any additions, improvements, or betterments made to the property hereinabove described and all <br />property acquired after the date hereof (all in form satisfactory to Grantee). Furthermore, should Trustor fail to <br />cure any default in the payment of a prior or inferior encumbrance on the property described by this instrument, <br />Trustor hereby agrees to permit Beneficiary to cure such default, but Beneficiary is not obligated to do so; and <br />such advances shall become part of the indebtedness secured by this instrument, subject to the same terms <br />and conditions. <br />12. That all awards of damages in connection with any condemnation for public use of or injury to <br />any of said property are hereby assigned and shall be paid to Beneficiary, who may apply the same to payment <br />of the installments last due under said note, and the Beneficiary is hereby authorized, in the name of the Trustor <br />to execute and deliver valid acquittances thereof and to appeal from any such award. <br />13. The irrevocable right to appoint a substitute Trustee or Trustees is hereby expressly granted <br />to the Beneficiary, his successors or assigns, to be exercised at any time hereafter without specifying any <br />reason therefor, by filing for record in the office where this instrument is recorded a substitution of Trustee. Prior <br />to recording the substitution of Trustee, a copy of the instrument of the substitution of the successor Trustee <br />shall be mailed to the Trustor and all persons who have requested notice of default and notice of sale by filing <br />such request with the office of Register of Deeds where this Deed of Trust is recorded. <br />14. If more than one person joins in the execution of this instrument as Trustor, or if anyone so <br />joined be of the feminine sex, the pronouns and relative words used herein shall be read as if written in the plural <br />or feminine, respectively, and the term 'Beneficiary" shall include any payee of the indebtedness hereby <br />secured or any assignee or transferee thereof whether by operation of law or otherwise. The covenants herein <br />contained shall bind and the rights herein granted or conveyed shall inure to the respective heirs, executors, <br />administrators, successors, and assigns of the parties hereto. <br />15. In compliance with section 101.1(d) of the Rules and Regulations of the Small Business <br />Administration (13 C.F.R. 101.1(d)), this instrument is to be construed and enforced in accordance with <br />applicable Federal law. <br />16. Ajudicial decree, order, orjudgment holding any provision or portion of this instrument invalid <br />or unenforceable shall not in anyway impair or preclude the enforcement of the remaining provisions or portions <br />of this instrument. <br />17. The sale of the real estate which is the subject of this Deed of Trust without the prior written <br />consent of the Beneficiary is agreed to be a material default by the Trustor, and the Beneficiary shall have the <br />option to declare the whole indebtedness secured thereby to be due and owing and the power of sale conferred <br />upon the Trustee may be exercised pursuant to this document and applicable statutes. <br />The Loan secured by this lien was made under a United States Small Business Administration (SBA) <br />nationwide program which uses tax dollars to assist small business owners. If the United States is seeking <br />to enforce this document, then under SBA regulations: <br />(a) When SBA is the holder of the Note, this document and all documents evidencing or securing <br />this Loan will be construed in accordance with federal law. <br />(b) CDC or SBA may use local or state procedures for purposes such as filing papers, recording <br />documents, giving notice, foreclosing liens, and other purposes. By using these procedures, <br />SBA does not waive any federal immunity for local or state control, penalty, tax or liability. No <br />Borrower or Guarantor may claim or assert against SBA any local or state law to deny any <br />61 <br />