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200508994 <br />13. The irrevocable right to appoint a substitute Trustee or Trustees in hereby <br />expressly granted to the Beneficiary, his successors or assigns, to be exercised at any time <br />hereafter without specifying any reason therefor, by filing for record in the office where this <br />instrument is recorded a substitution of Trustee. Prior to recording the substitution of Trustee, a <br />copy of the instrument of the substitution of the successor Trustee shall be mailed to the Trustor <br />and all persons who have requested notice of default and notice of sale by filing such request <br />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, of if <br />anyone so joined be of the feminine sex, the pronouns and relative words used herein shall be <br />read as if written in the plural or feminine, respectively, and the term "Beneficiary" shall include <br />any payee of the indebtedness hereby secured or any assignee or transferee thereof whether by <br />operation of law or otherwise. The covenants herein contained shall bind and the rights herein <br />granted or conveyed shall inure to the respective heirs, executors, administrators, successors, and <br />assigns of the parties hereto. <br />15. In compliance with section 101.1(d) of the Rules and Regulations of the Small <br />Business Administration (13 C.F.R. 101.1(d)), this instrument is to be construed and enforced in <br />accordance with applicable Federal law. <br />16. A judicial decree, order, or judgment holding any provision or portion of this <br />instrument invalid or unenforceable shall not in any way impair or preclude the enforcement of <br />the remaining provisions or portions of this instrument. <br />17. The sale of the real estate, which is the subject of this Deed of Trust, without the <br />prior written consent of the Beneficiary is agreed to be a material default by the Trustor, and the <br />Beneficiary shall have the option to declare the whole indebtedness secured thereby to be due <br />and owing and the power of sale conferred upon the Trustee may be exercised pursuant to this <br />document and applicable statutes. <br />The Loan secured by this lien was made under a United States Small Business <br />Administration (SBA) nationwide program which uses tax dollars to assist small business <br />owners. If the United States is seeking to enforce this document, then under SBA regulations: <br />(a) When SBA is the holder of the Note, this document and all documents evidencing <br />or securing 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, <br />recording documents, giving notice, foreclosing liens, and other purposes. By <br />using these procedures, SBA does not waive any federal immunity for local or <br />state control, penalty, tax or liability. No Borrower or Guarantor may claim or <br />assert against SBA any local or state law to deny any obligation of Borrower, or <br />defeat any claim of SBA with respect to this Loan. <br />190242.doe 6 <br />