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<br />. 88- 101244 <br /> <br />I <br /> <br />person designated to receive such notice then Borrower must file <br />a separate request for such notice with the Register of Deeds of <br />each county in which the Property is located, setting forth the <br />name and address of the person to whom notice is to be sent, and <br />identifying this Trust Deed by stating the names of the parties <br />hereto, the date it was recorded and the instrument number or <br />book and page thereof. If no such separate request is filed then <br />notice mailed to the party and address set forth above shall be <br />deemed legally conclusive as notice to the Borrower <br />notwithstanding any subsequent death, incapacity or disability, <br />or change of address, marital status, name, capacity or <br />membership. <br /> <br />18. The covenants and agreements herein contained <br />shall bind, and the rights hereunder shall inure to, the <br />respective heirs, representatives, successors and assigns of the <br />parties. All covenants and agreements of Borrower shall be joint <br />and several. whenever reference is made to the singular <br />hereunder, it shall include the plural and the plural shall <br />include the singular. <br /> <br />19. Borrower agrees and acknowledges that prior to the <br />execution of this trust deed, Borrower did acknowledge in writing <br />and hereby confirms again that a) the trust deed executed herein <br />is not a mortgage but a trust deed, b) that the power of sale <br />provided for in this trust deed provides substantially different <br />rights and obligations to the Borrower than a mortgage in the <br />event of a default or breach of obligation, and C) the written <br />acknowledgment was executed prior to the execution of this trust <br />deed. <br /> <br />20. Without limiting the Lender's rights to otherwise <br />designate or substitute the trustee, the Borrower acknowledges <br />and consents that an attorney for the Beneficiary may serve as <br />the trustee on the trust deed. In addition it is agreed that any <br />payments by the Borrower on the indebtedness secured by this <br />trust deed shall be paid directly by Borrower to Lender and the <br />Trustee shall have no duty to account as to such payments. The <br />Trustee's only duty of accounting will be as to proceeds received <br />by the Trustee from any sale of the property under the exercise <br />of the power of sale. The Trustee shall have no duty by reason <br />of being Trustee to record this trust deed or to insure its <br />validity or execution. Upon being presented with a written <br />request for the reconveyance and a deed of reconveyance from the <br />Lender, the Trustee shall execute the deed of reconveyance and <br />redeliver. it to Lender. The Trustee shall be reasonably <br />compensated for executing and redelivering the same. Trustee <br />shall have no duty to record said deed of reconveyance. Trustee <br />shall be under no obligation to pay taxes, insurance premirnns or <br />other sums incidental to the preservation of the property <br />secured. Trustee shall not be liable and. shall be held harmless <br />and indemnified by the parties for all acts or omissions except <br />for acts of gross negligence or bad faith. <br /> <br />-6- <br /> <br />L <br /> <br />L <br /> <br />-.J <br />