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<br />27. COLLECTION COSTS. To the extent permitted by law, Grantor agrees to pay Lender's rosomeble fees and coats, Innhading, but not limited W,
<br />fees and costa of attorneys end other agents dncluding without limitation paralegals, clerks and consultants), whether or not such attorney or agent is
<br />an employee of Lender, which are incurred by Lentler in collecting any amount dtie or enforcing any right or remedl under this Dead of Trust,
<br />whether or not suit is brought, Including• but not limited to, all fees and costs incurred on appeal, in bankruptcy, and or lost- judgment collection
<br />actions.
<br />29. PARTIAL RELEASE. Lender may rel ... a its interest in a portion of the Property by executing and recording one or more Partial Deed of
<br />- - - - - N N' h shall be deemed to atilt ate Lentler to release
<br />any of Its more. In me rn.p —j, lexcap..... unw vuvv..........
<br />is in default under this Dead of Tmat. The lien and ascent yy interea
<br />property,. defined in the Ned of Trust, Nat is not the subJem of 0
<br />29. MODIFICATION AND WAIVER. The mcdiNcation or waiver of
<br />or
<br />or
<br />30.
<br />a Property. o ON erect
<br />nor shall Lentler be obligated to role.. any part of he Property if GMMI
<br />etl by the Dead of Trust remain In affect with respect to that portion of the
<br />ny Partial Da of Reconveyance.
<br />Grantor's Obligations or Lender's rights under this Deed of Trust must be
<br />nwefs or Grantor's Obligation., delay or fail b exercise any of its rights or
<br />ing . waiver of those Obligations or rights. A waiver an one occasion shall
<br />rr this Dead of Trust shall not be affected if Lender amends, compromise.,
<br />alonging to any Grantor, Borrower or third party or anyy of its rights against
<br />ire to Inalal upon mnct performann at any of fie Obligatlona shell not be
<br />insist upon strict performance.
<br />of absence of the Trustee from the state where the Property is located or In
<br />the Trustee Many substitute trustee as trustee hereunder and to appotrH a
<br />I ^Mrod. T powero epepderrrand the came shall te Suisse for mid
<br />vested in him for
<br />the purposes and objects of this Dead of Trust with Mime power, Dunes ens —............._.
<br />31. SUCCESSORS AND ASSIGNS. This Ned of Trust shall be binding upon end inure W the benefit of Grantor and Lender and their respective
<br />successors, assigns, truatess, receivers, administrators, personal representatives, legatees and devisees.
<br />32. NOTICES. Except as Otherwise required by law, any notice or other communication W be provided under this Deed of Trust shall be in writing
<br />and Sent to the Pont., at the addr ... as described in this Deed of Treat or such her address Se the parties mar designees in writing from fine to
<br />time. Any such notice so given and sent by first class mail, postage prepaid, shall be deemed given the earlier Of three (3) days after such notice is
<br />.am or when received by the person to whom such notice is being given.
<br />33. SEVERABILITY. Whenever possible, each provision W this Deed of Trust shall be interpreted so W be effective antl valid under applicable
<br />Slate low. If any provision of this Ned of Trust violates the law or is unenforceable, the rest of this Dead of Trust shall continue to be valid and
<br />enforceable.
<br />U. APPLICABLE LAW. This Ned of Trust shall be governed by the law. of the slate where the Property is located. Unless applicable law provides
<br />Otherwise, Grantor consents to the jurisdiction and venue of any court Selected by Lander, in its sole discretion, located in that stare.
<br />%. NO THIRD -PARTY RIGHTS. No person is or shell be a thirtl -ppony benefida7 of any provision of this Netl of Trust. All provisions of Nis Geed of
<br />Trost in favor of Lender are intended solely for the benefit of Len an, and no thirtl party shall be entitled m.eume or expect that Lender will walve or
<br />consent to the modification of any provision of this Ned of Trust, In Lander a sole discretion.
<br />W. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower, Grantor, or any guarantor of the Obligations, or any
<br />other person (except a person expressly released in writing) for the payment and performance of the Obligations, and without affectingg the rights of
<br />Lender with respect to any Property not expressly released in writing, and without Impairing in any way the priority of this Decd of Twat over Me
<br />inreras[ of any person acquired or first evidenced by recording subsequem to the recording of this Deed of Trust, Lentler may, either before or after
<br />the maturity of arse Obligations, and without notice or con' release any person liable for Payment or performance of all or any part of the
<br />Obligations; make any agreement altering he terms of payment or performance of all or any pert of the Obligations; exercise or refrain from
<br />exercising or waive any right or rematly that Lender may have untler this Oaetl of Trust; accept adtlitlanel security of any kind for any of the
<br />OOti9"Mi.; or release M otherwise deal with any real or personal property securing the Obligations. Any paten acquiring or recording evidence ct
<br />any Interest of any nature In the Property shell be deemed, by quirk such interest or recording any evidence thereof, to have consentecl to all or
<br />any such action, by Lentler.
<br />3]. DEPEABANOE. Upon the payment and performance In lull of all M the Obligations, Lender will execute end deliver W Grantor those documents
<br />fiat may ba required to release on Deed of Trust of abue Grantor shall be responsible to pay any cosh of recordation.
<br />39. CONSTRUCTION LOAN. This Deed M Trust a a construction mortgage under the Uniform Commercial Code, to Secure an obligation
<br />Inc.rr 0 for the construction of an Improvement on land. incI of ng the acqubition mats of land. This Ned of Trust secures a construction loan. and
<br />it will be Mi Ject to the term, of a coaruchm loan agreement between Granter antl Lender. Any materials, equipment or supplies usatl or intended
<br />for use in the construction, development, M operation of the Pmpeny, whether stored on or off the property, shall also be subject to Me lion of fhb
<br />Deed of Trust.
<br />39. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waive, all homesteatl and other exemptions In the Property to which
<br />Grantor would otherwise be entlled under any applicable law.
<br />40. MISCELLANEOUS. Grantor and Landw agree that time is of the essence. Grantor waives presentment, demand for payment, notice of dishonor
<br />and protest except as required byy law. Mi references to Grantor in this Geed of Trust shall include all persona sI nln , below. d there is more than one
<br />Grantor, their Obligations .hall be joint and several. This Deed of Trust represents the complete integratetl untlanlanding between Grantor and
<br />Lentler pertaining to the terms and conditions hereof.
<br />41. JURY TRIAL WAIVER. LENDER AND GRANTOR HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,
<br />OR BASED UPON, THIS DEED OF TRUST.
<br />42 ADDITIONAL TERMS:
<br />Grantor acknowledges that Goi has read, understand., and agrees to the terms and condition. of this Deed of Trost, and acknowledges receipt of
<br />an exam copy of same.
<br />Dated this 19th — day of February,_2002 ,
<br />GMNTON: Elitsa VBga GR4NTOP:
<br />Z- lys/I VC 6,13 _
<br />Bliea Vega
<br />GRN.TOR GRANTOR:
<br />GWTOR:
<br />GPMJTOP:
<br />GRANTOR: GRANTOR:
<br />p aNe
<br />1.1S1 1D 0 Jol.n X. Me,inntl L¢ lB /10/1 (tl001 0]3i96
<br />
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