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200507874 (a) This Security Instrumment secures not only amounts advanced as of the date hereof but also any other advances made in the future advanced under the terms of the Note, this Security Instrument or the other Loan Documents. The maximum amount secured by this Security Instrument is twice the original face amount of the Note, plus costs, interest and attorneys' fees. (b) If the Property is sold at foreclosure sale following a court ordered judicial foreclosure, the redemption period will be one month instead of nine months as provided in Section 39 -5 -19 NMSA 1978, as amended. If the Property is sold under power of sale, Borrower will have no right of redemption; provided, however, the redemption period for any omitted junior encumbrancer entitled to redeem the Property will be one month instead of nine months as provided in Section 39 -5 -18E NMSA 1978, . as amended. (c) No indemnities contained herein shall extent to those matters for which indemnification is prohibited pursuant to § 56 -7 -1 NMSA 1978, as amended. (d) Borrower subjects that part of the Property which is "trust real estate" under the Deed of Trust Act, Sections 48 -10 -1 through 48 -1021 NMSA 1978, as amended (the "Act ") to the terms of the Act. Borrower intends that the Trustee receive through this Security Instrument all the rights, powers and remedies accorded a "trustee" as provided in the Act whether or not such rights are expressly granted or reserved in this Security Instrument and that Lender receive through this Security Instrument all the rights, powers and remedies accorded a "beneficiary" as provided in the Act whether or not such rights are expressly granted or reserved in this Security Instrument and Borrower shall receive through this Security Instrument all the rights, powers and remedies accorded a "trustor" as provided in the Act whether or not such rights are expressly granted or reserved in this Security Instrument. (e) Borrower expressly waives any right of Borrower to reinstate this Security Instrument as provided in Section 16 of the Act if payment of the Debt is declared due or accelerated by Lender. (f) The grant in trust made in the Recitals of this Security Instrument is made with warranty covenants and upon the statutory mortgage condition, for breach of which the Security Instrument is subject to foreclosure as provided by law. (g) Lender may be the purchaser of the Property or any part thereof, at any sale thereof, whether such sale be under the power of sale herein vested in the Trustee or upon any other foreclosure of the liens and security interests hereof, or otherwise, and Lender shall, upon any such purchase, acquire good title to the Property so purchased, free of the liens and security interests hereof, unless the sale was made subject to an unmatured portion of the Debt; Lender may be the purchaser at any judicial foreclosure and will be entitled to a credit on the purchase price in the amount of any judgment received by Lender in the foreclosure action, except that costs payable to others than the purchaser will be paid in cash. (h) Borrower confirms that Borrower is aware of the provisions of §58 -6 -5 NMSA 1978, as amended, providing that no contract, promise or commitment to loan money to or grant, extend or renew credit or any modification thereof, in any amount greater than $25,000.00, not primarily for personal, family or household purposes, made by a financial institution, including Lender, is enforceable unless in writing and signed by the party to be charged, or by that party's authorized representative. This Section is also deemed to be incorporated by reference into each and every Loan Document. (i) Notwithstanding anything contained herein or in any other Loan Document, Borrower's liability is limited as set forth in Section V of the Note. Section 18.44. Certain Matters Relating to Property Located in the State of North Carolina. With respect to the Property which is located in the State of North Carolina, notwithstanding anything contained herein to the contrary: (a) Foreclosure and Application of Sale Proceeds. 92