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200600862
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Last modified
2/1/2006 9:39:47 AM
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2/1/2006 9:39:45 AM
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DEEDS
Inst Number
200600862
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<br />200600862 <br /> <br />Instrument, or any counterpart hereof, shall not relieve the other signatories from their obligations hereunder. <br /> <br />Section 20.5. NUMBER AND GENDER. Whenever the context may require, any pronouns used herein shall <br />include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include <br />the plural and vice versa. <br /> <br />Section 20.6. COMMERCIAL PROPERTY. BORROWER COVENANTS AND WARRANTS THAT THE <br />PROPERTY AND IMPROVEMENTS ARE USED BY BORROWER EXCLUSIVELY FOR BUSINESS AND <br />COMMERCIAL PURPOSES. BORROWER ALSO COVENANTS AND WARRANTS THAT THE PROPERTY AND <br />IMPROVEMENTS ARE NOT NOW, AND AT NOT TIME IN THE FUTURE WILL BE, OCCUPIED AS THE <br />PRINCIPAL RESIDENCE OF BORROWER, OR, IF APPLICABLE, BORROWER'S SPOUSE OR BORROWER'S <br />MINOR OR DEPENDENT CHILD. <br /> <br />ARTICLE 21. -THE TRUSTEE <br /> <br />Section 21.1. t-LO LIABILITY. The Trustee shall not be liable for any error of judgment or act done by the <br />Trustee or be otherwise responsible or accountable under any circumstances whatsoever. The Trustee shall not be <br />personally liable in case of entry by him or anyone acting by virtue of the powers herein granted him upon the Property <br />for debts contracted or liability or damages incurred in the management or operation of the Property. The Trustee shall <br />have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to <br />be taken by him hereunder or believed by him in good faith to be genuine. The Trustee shall be entitled to reimbursement <br />for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his <br />services hereunder as shall be rendered. Borrower will, from time to time, pay compensation due the Trustee hereunder <br />and reimburse Trustee for and save and hold him harmless from and against any and all loss, cost, liability, damage and <br />expense whatsoever incurred by him in the performance of his duties. <br /> <br />Section 21.2. RETENTION OF MONEYS. All moneys received by the Trustee shall, until used or applied as <br />herein provided, be held in trust for the purposes for which they were received, but need not be segregated in any manner <br />from any other moneys (except to the extent required by law) and the Trustee shall be under no liability for interest on <br />any moneys received by him hereunder. <br /> <br />Section 21.3 SUBSTITUJION OF TRUSTEE. If, for any reason, the Lender shall elect to substitute another for <br />the Trustee herein named (or for any successor to said Trustee), the Lender shall have the right to appoint successor <br />Trustee(s) by duly acknowledged written instruments, and each new Trustee immediately upon recordation of the <br />instrument so appointing him shall become successor in title to the Premises for the uses and purposes of this Deed of <br />Trust, with all the powers, duties and obligations conferred on the Trustee in the same manner and to the same effect as <br />though he were named herein as the Trustee. If more than one Trustee has been appointed, each of such Trustees and <br />each successor thereto shall be and hereby is empowered to act independently. <br /> <br />Section 21.4 PERFQRMANCE OF DUTIES BY AG.ENTS. The Trustee may authorize one or more parties to <br />act on his behalf to perform the ministerial functions required of him hereunder, including without limitation, the <br />transmittal and posting of any notices. <br /> <br />[NO FURTHER TEXT - SIGNATURES APPEAR ON NEXT PAGE] <br />
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