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200313159
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Last modified
10/16/2011 7:23:26 AM
Creation date
10/28/2005 3:43:26 PM
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DEEDS
Inst Number
200313159
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200313159 <br />arising hereunder or arising otherwise shall impair any such right, power or remedy or the right <br />of Beneficiary to resort thereto at a later date or be construed to be a waiver of any Event of <br />Default under this Deed of Trust or the Note. <br />SECTION 7.6 Subsequent Agreements. <br />Any agreement hereafter made by Trustor and Beneficiary pursuant to this Deed of Trust <br />shall be superior to the rights of the holder of any intervening lien or encumbrance. <br />SECTION 7.7 Waiver of Appraisement, Homestead, Marshaling. <br />Trustor hereby waives to the full extent lawfully allowed the benefit of any homestead, <br />appraisement, evaluation, stay and extension laws now or hereinafter in force. Trustor hereby <br />waives any rights available with respect to marshaling of assets so as to require the separate sales <br />of any portion of the Premises, or as to require Beneficiary to exhaust its remedies against a <br />specific portion of the Premises before proceeding against the other and does hereby expressly <br />consent to and authorize the sale of the Premises or any part thereof as a single unit or parcel. <br />Trustor also hereby waives any and all rights of reinstatement and redemption from sale under <br />any order or decree of Foreclosure pursuant to rights herein granted, on behalf of Trustor, and _ <br />each and every person acquiring any interest in, or title to the Premises described herein <br />subsequent to the date of this Deed of Trust, and on behalf of all other persons to the extent <br />permitted by applicable law. ' <br />SECTION 7.8 Business Loan Representation. <br />Trustor represents and warrants to Beneficiary that the Indebtedness evidenced by the <br />Note is a business loan transacted solely for the purpose of carrying on the business of Trustor <br />and not a consumer transaction and that the Premises does not constitute the homestead of <br />Trustor. <br />SECTION 7.9 Dishonored Checks. <br />In the event Trustor shall send to Beneficiary two (2) or more checks in any twelve (12) <br />month period which are not honored by the bank, for any reason, Beneficiary shall have the right <br />to require that all future payments be made by certified check, or other good funds, at <br />Beneficiary's option. <br />ARTICLE 8. <br />EVENTS OF DEFAULT AND REMEDIES <br />SECTION 8.1 Events Of Default. <br />The occurrence of any of the following shall be deemed an event of default under this <br />Deed of Trust (hereinafter referred to as an "Event of Default "): <br />(a) Trustor shall fail to deposit the Charges with Beneficiary or to pay when due any <br />other Indebtedness; or <br />15311/53;09/30/03 -20- <br />
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