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<br />I <br /> <br />88~ 102043 <br /> <br />note and other instruments evidencing it, and if Trustor shall <br />well and truly perform all of Trustor's covenants contained <br />herein, then this conveyance shall become null and void and be <br />re leased at Trustor' s reques t and expense; othe rwi se, it sha 11 <br />remain in full force and effect, provided that no release <br />hereof shall impair Trustor's warranties and indemnities <br />contained herein. <br /> <br />6.2 As used 1n this Article VI, "Rights" means rights, <br />remedies, powers and privileges, and "T...iens" means titles, <br />interests, liens and security interests. All Rights and Liens <br />herein expressly conferred are cumulative of all other Rights <br />and Liens herein, or by law or in equity provided, or provided <br />in any other security instrument executed by Trustor, and shall <br />not be deemed to depr i ve Ho Ider 0 r Trus tee of any such other <br />legal or equitable Rights and Liens by judicial proceedings, or <br />otherwise, appropriate to enforce the conditions, covenants and <br />terms of this Deed of Trust. the note and other Loan Documents, <br />and the employment of any Rights hereunder. or otherwise, shall <br />not prevent the concurrent or subsequent employment of any <br />other appropriate Rights. <br /> <br />6.3 It is expressly stipulated and agreed to be the intent <br />of Holder and Trustor at all times to comply with the <br />applicable law governing the maximum rate or amount of interest <br />payable on or in connect ion wi th the Secured Indebtedness. If <br />the applicable law is ever judicially interpreted so as to <br />render usurious any amount called for under the note or under <br />any of the other Loan Documents, or contracted for, charged, <br />taken, reserved or received with respect to the Secured <br />Indebtedness, or if acceleration of the maturity of the Secured <br />Indebtedness, any prepayment by Trustor I or any other <br />circumstance whatsoever, results in Trustor having paid any <br />interest in excess of that permitted by applicable law, then it <br />is the express intent of Trustor and Holder that all excess <br />amounts theretofore collected by Holder be credited on the <br />principal balance of the note (or, if the Secured Indebtedness <br />has been or would thereby be paid in full, refunded to Holder), <br />and the prov i s ions of thi s Deed 0 f Trust and the other Loan <br />Documents in~ediately be deemed reformed and the amounts <br />thereafter collectible hereunder and thereunder reduced, <br />without the necessity of the execution of any new document, so <br />as to comply with the applicable law, but so as to permi tthe <br />recovery of the fu llest amount otherwise ca lied for hereunder <br />and thereunder. The right to accelerate maturity of the <br />Secured Indebtedness does not include the right to accelerate <br />any interest which has not otherwise accrued on the date of <br />such acce le rat ion, and Holder does not intend to co llect any <br />unedrned interest in the event of acceleration. All sums paid <br />or agreed to be paid to Holder for the use, forbearance or <br /> <br />,~- <br /> <br />- 11 - <br /> <br />L <br /> <br />-.J <br /> <br />\.. <br /> <br />L <br />