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<br />execution of such documents shall not relieve Grantor from any Obligation or cure any default under this Deed of Trust. A\I powers of
<br />attorney described in this Deed of Trust are coupled with an interest and are irrevocable.
<br />26. SlJBROGATION OF LENDER. Lender shall bc subrogated to the rights of the holder of any previous lien, security interest or
<br />encumbrance discharged with funds advanced by Lender regardless of whether these liens, security interests or other encumbrances have
<br />becn released of record.
<br />27. COLLECTION COSTS. To the extent permitted by law, Grantor agrees to pay Lender's reasonable fees and costs, including, but
<br />not limited to, fees and costs of attorneys and other agents (including without limitation paralegals, clerks and consultants), whether or not
<br />such attorney or agcnt is an employee of Lender, which are incurred by Lender in collecting any amount due or enforcing any right or remedy
<br />under this Dced of Trust, whether or not suit is brought, including, but not limited to, all fees and costs incurred on appeal, in bankruptcy, and
<br />for post-judgment collection actions.
<br />28. PARTIAL RELEASE. Lender may release its interest in a portion of the Property by executing and recording one or more Partial
<br />Deed of Reconveyance without aO'ecting its interest in thc remaining portion of the Property. Nothing herein shall be deemed to obligate
<br />Lender to release any of its interest in the Property (except as required under Paragraph 37), nor shall Lender be obligated to release any part of
<br />the Property if Grantor is in default under this Dced of Trust. The lien and security intcrest created by the Deed of Trust remain in effect with
<br />respect to that portion of the property, as defined in the Deed of Trust, that is not the subject of this or any Partial Deed of Reconveyance.
<br />29. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rights under this Deed of
<br />Trust must be contained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations, delay or fail to exercise
<br />any of its rights or accept payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waivcr
<br />on one occasion shall not constitute a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender
<br />amends, compromises, exchanges, fails to exercise, impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or
<br />any of its rights against any Grantor, Borrower or third party or any ofthc Property. Lender's failure to insist upon strict performance of any ofthe
<br />Obligations shall not bc dccmcd a waiver, and Lender shall have the right at any time thereafter to insist upon strict performance.
<br />30. SUBSTITUTt: TRUSTEE. In case of thc death, inability, refusal to act or absence of the Trustee from the statc where the Property is
<br />located or in case the holder of the Obligations shall desire for any reason to remove the Trustee or any substitute trustee as trustee hereunder and
<br />to appoint a new trustee in his place and stead, the holder of the Obligations is hereby granted full power to appoint in writing a substitute trustee
<br />for said Trustee, and the substitute trustee shall, when appointed, become successor to all rights of Trustee hereunder and the same shall bccome
<br />vested in him for thc purposes and objects of this Deed of Trust with all the power, duties and obligations herein conferred on the Trustee.
<br />31. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their
<br />respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees.
<br />32. NOTICES. Except as otherwise required by law, any notice or other communication to be provided under this Deed of Trust shall
<br />be in writing and sent to the parties at the addresses described in this Deed of Trust or such other address as the parties may designate in
<br />writing from time to time. Any such notice so given and sent by first class mail, postage prepaid, shall be deemed given the earlier of three
<br />(3) days after such notice is sent or when received by the person to whom such notice is being given.
<br />33. SEVERABILITY. Whenever possible, each provision of this Deed of Trust shall be interpreted so as to be effective and valid under
<br />applicable state law. If any provision of this Deed of Trust violates the law or is unenforceable, the rest of this Deed of Trust shall continue to
<br />be valid and enforceable.
<br />34. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the Property is located. Unless applicable
<br />law provides otherwise, Grantor consents to the jurisdiction and venue of any court selected by Lender, in its sole discretion, located in that state.
<br />35. NO THIRD-PARTY RIGHTS. No person is or shall be a third-party beneficiary of any provision of this Deed of Trust. All
<br />provisions of this Deed of Trust in favor of Lender are intended solely for the benefit of Lender, and no third party shall be entitlcd to assume
<br />or expect that Lender will waive or consent to the moditication of any provision of this Deed of Trust, in Lender's sole discretion.
<br />36. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower, Grantor, or any guarantor of the
<br />Obligations, or any other person (except a person expressly released in writing) for the payment and performance of the Obligations, and
<br />without affecting the rights of Lender with respect to any Property not expressly released in writing, and without impairing in any way the
<br />priority of this Deed of Trust over the interest of any person acquired or first evidenced by recording subsequent to the recording of this Deed
<br />of Trust, Lender may, either before or after the maturity of the Obligations, and without notice or consent: release any person liable for
<br />payment or performance of all or any part of the Obligations; make any agreement altering the terms of payment or performance of all or any
<br />part of the Obligations; exercise or refrain from exercising or waive any right or remedy that Lender may have under this Deed of Trust;
<br />accept additional security of any kind for any of thc Obligations; or release or otherwise deal with any real or personal property securing the
<br />Obligations. Any person acquiring or rccording evidence of any interest of any nature in the Property shall be deemed, by acquiring such
<br />interest or recording any evidence thereof, to have consented to all or any such actions by Lender.
<br />37. DEFEASANCE. Upon the payment and performance in full of all of the Obligations, Lender will execute and deliver to Grantor
<br />those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of rccordation.
<br />38. CONSTRUCTION LOAN. D This Deed of Trust is a construction mortgage under the Uniform Commercial Code, to secure an
<br />obligation incurred for the construction of an improvement on land, including the acquisition costs of land. This Deed of Trust secures a
<br />construction loan, and it will be subject to the terms of a construction loan agreement between Grantor and Lender. Any materials, equipment
<br />or supplies used or intended for use in the construction, development, or operation of the Property, whether stored on or off the Property, shall
<br />also be subject to the licn of this Deed of Trust.
<br />39. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in thc
<br />Property to which Grantor would otherwise be entitled under any applicable law.
<br />40. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presentment, demand for payment,
<br />notice of dishonor and protest except as rcquired by law. All references to Grantor in this Deed of Trust shall include all persons signing
<br />bclow. If there is more than one Grantor, their Obligations shall be joint and several. This Deed of Trust represents thc complete integrated
<br />undcrstanding between Grantor and Lcnder pertaining to the terms and conditions hereof.
<br />41. ADDITIONAL TERMS:
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<br />ITEM 1233L5 (0504)
<br />
<br />LPNE511E @Harland Financial Solutions, Inc, (9/10/98)
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<br />(Page 5 of 7 pages)
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<br />GreatOoc5 ".
<br />To Order Call: 1-800-968-5775
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<br />APP #: 6058867
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