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200508394
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Last modified
10/17/2011 11:50:05 AM
Creation date
10/28/2005 12:03:37 PM
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DEEDS
Inst Number
200508394
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200508394 <br />Loan C 002003035529 <br />Deed of Trust. continued <br />such indebtedness, and (vi) the benefit of the statute of limitations affecting the Property to the extent permitted by law. Any <br />partial payment by Borrower or other circumstance that operates to toll any statute of limitations as to such person shall operate to <br />toll such statute as to You. <br />23. Choice of Law. This Deed of Trust will be governed by the laws of the United States and (where not inconsistent) the interest <br />rate laws of the Stale of California, and the procedural, deficiency, one form of action and foreclosure laws of the state where the <br />Properly is located. <br />24. Your Cony. You shall be given one conformed copy of the Agreement and this Deed of Trust. <br />25. Loan Charges Legislation Affecting Our Rights. If the Agreement is subject to a law which sets maximum loan charges, <br />and (hat law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the <br />Agreement exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge <br />to the permitted limit; and (h) any such loan charge already collected from You or Borrower which exceeded permitted limits will <br />be refunded to You or Borrower; We may choose to make this refund by reducing the principal owed under the Agreement or by <br />making a direct payment to You or Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment <br />without any prepayment charge due, if enactment or expiration of applicable laws has the effect of rendering any provision: of the <br />Agreement or this Deed of Trust unenforceable according to its terms, We may, at Our option, require immediate payment in full <br />of all sums secured by this Deed of Trust and may invoke any remedies permitted by Paragraph 14. <br />26. Waivcr of Homestead and Marital Rights. You waive all right of homestead exemption in the Property and all marital rights <br />(whether provided by statute or otherwise) in and to the Properly. <br />27, Trustee Exculpation. If this Deed of Trust is executed by a trust, You execute this Deed of Trust as trustee as aforesaid, in <br />the exercise of the power and authority conferred upon and vested in it as such trustee, and it is expressly understood and agreed by <br />Us and by every person hereafter claiming any right hereunder that nothing contained herein or in the Agreement shall be construed <br />as creating any liability on You personally to pay amounts owing In connection with the Agreement or this Deed of Trust or any <br />interest that may occur thereon, or to perform any covenants either express or implied contained in this Deed of Trust, all such <br />liability, if any, being expressly waived, and that any recovery on the Deed of Trust or the Agreement shall be solely against and <br />out of the Property by enforcement of the provisions of this Deed of Trust and the Agreement, but this waiver shall in no way <br />affect the personal liability of any individual Borrower, co -maker or guarantor of this Agreement. <br />26. Substitute Trustee. We may, at Our option, from time to time, remove the Trustee and appoint a successor Trustee to any <br />Trustee appointed hereunder. Without conveyance of the Properly, the successor Trustee shall succeed to all the title, power and <br />duties conferred upon the Trustee herein and by applicable law. <br />29. Reconveyance. After compliance with all requirements of the Agreement and payment of all fees due to Us. We shall request <br />the Trustee to release and reconvey the Property to You. Trustee shall reconvey the Property without Warranty. You shall pay any <br />fee legally charged by the Trustee for the issuance of reconveyance and all costs of recordation. <br />30. Onc Trustor, If there is only one person executing this Deed of Trust, You represent that You are []single or ❑ married. <br />[Check one as applicable]. <br />MB -2533 Deed of Trust - Nebraska - Rev. 6/2004 Page 6 of 7 CitiMortgage 2.9.0.46 V2 <br />
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