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<br />200608132 <br /> <br />Loan Instruments which can be given effect without the conflicting provision, and to this end the <br />provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived, <br />changed, discharged or terminated orally, but only by an instrument in writing signed by the party against <br />whom enforcement of any waiver, change, discharge or termination is sought. <br /> <br />15. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums <br />secured hereby have been paid and upon surrender of this Second Deed of Trust and any note to <br />Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall <br />reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the <br />Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the <br />person or persons legally entitled thereto." <br /> <br />16. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any <br />notice, demand, request or other communication with respect to this Second Deed of Trust, each such <br />notice, demand, request or other communication shall be in writing and shall be effective only if the same <br />is delivered by personal service or mailed by certified mail, postage prepaid, return receipt requested, <br />addressed to the address set forth at the beginning of this Second Deed of Trust. Any party may at any <br />time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, <br />a notice of such change. <br /> <br />17. Acceptance by Trustee. Trustee accepts this Trust when this Second Deed of Trust, <br />duly executed and acknowledged, is made a public record as provided by law. <br /> <br />NIFA FORM H HBA SECOND DEED OF TRUST <br />(10/05) <br /> <br />NIFA MRBlForm H <br />PAGE 6 OF 7 <br />