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88101663
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3/9/2007 5:41:11 PM
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3/9/2007 4:32:37 AM
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DEEDS
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88101663
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<br />r <br /> <br />488~ 10166~j <br /> <br />15. Miscellaneous Provisions. <br /> <br />(a) Borrower Not Released. Extension of the time for <br />payment or modification of amortization of the sums secured by <br />this Deed of Trust granted by Lender to any successor in interest <br />of Borrower shall not operate to release, in any manner, the <br />liability of the original Borrower and Borrower's successors in <br />interest. Lender shall not be required to commence proceedings <br />against such successor or refuse to extend time for payment or <br />otherwise modify amortization of the sums secured by this Deed of <br />Trust by reason of any demands made by the original Borrower and <br />Borrower's successors in ihterest. <br /> <br />(b) Lender's Powers. without affecting the liability <br />of any other person liable for the payment of any obligation <br />herein mentioned, and without affecting the lien or charge of <br />this Deed of Trust upon any portion of the Property not then or <br />theretofore released as security for the full amount of all <br />unpaid obligations, Lender may, from time to time and without <br />notice (i) release any person so liable, (ii) extend the maturity <br />or alter any of the terms of any such obligations, (iii) grant <br />other indulgences, (iv) release or reconvey, or cause to be <br />released or reconveyed at any time, at Lender's option, any <br />parcel, portion or all of the Property, (v) take or release any <br />other or additional security for any obligation herein mentioned, <br />or (vi) make compositions or other arrangements with debtors in <br />relation thereto. <br /> <br />(c) Forbearance by Lender Not a Waiver. Any forbear- <br />ance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or <br />preclude the exercise of any such right or remedy. The procure- <br />ment of insurance or the payment of taxes or other liens or <br />charges by Lender shall not be a waiver of Lender's right to <br />accelerate the maturity of the indebtedness secured by this Deed <br />of Trust. <br /> <br />(d) Successors and Assiqns Bound; Joint and Several <br />Liability; Captions. The covenants and agreements herein con- <br />ta1ned shall b~nd, and the rights hereunder shall inure to, the <br />respective successors and assigns of Lender and Borrower, subject <br />to the provisions of paragraph 10(e) hereof. All covenants and <br />agreements of Borrower shall be joint and several. The captions <br />and headings of the paragraphs of this Deed of Trust are for <br />convenience only and are not to be used to interpret or define <br />the provisions hereof. <br /> <br />(e) Request for Notices. The parties hereby request <br />that a copy of any notice of default hereunder and a copy of any <br />notice of sale hereunder be mailed to each party to this Deed of <br />Trust at the address set forth above in the manner prescribed by <br />applicable law. Except for any other notice required under <br />applicable law to be given in another manner, any notice provided <br />for in this Deed of Trust shall be given by mailing such notice <br />by certified mail addressed to the other parties, at the address <br />set forth above. <br /> <br />Any notice provided for in this Deed of Trust <br />shall be effective upon mailing in the manner designated herein. <br />If Borrower is more than one person and/or entity, notice sent to <br />the address set forth above shall be notice to all such persons <br />and/or entities. <br /> <br />(f) Inspection. Lender may make or cause to be made <br />reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspec- <br />tion specifying reasonable cause therefor related to Lender' s <br />interest in the Property. <br /> <br />(9) Reconveyance. Upon payment of all sums secured by <br />this Deed of Trust, Lender shall request Trustee to reconvey the <br />Property and shall surrender this Deed of Trust and all notes <br /> <br />-6- <br />
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