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200703727
<br />21. TIME OF ESSENCE. Time is of the essence in this Deed of Trust.
<br />22, ACTUAL KNOWLEDGE. For purposes of the Credit Documents, LENDER shall not be deemed to have actual knowledge of
<br />any fact until it actually receives notice as set forth in paragraph 11 or until it receives written notice thereof from a source GMAC
<br />reasonably believes to be reliable. The date of receipt shall be determined by reference to the "Received" date stamped on such
<br />written notice by GMAC or its agent.
<br />23. TAXES. If taxes on deeds of trust or the debts they secure increase in any way after the date of this Deed of Trust, we
<br />shall pay the full amount of any such increase.
<br />24. WAIVER OF STATUTORY RIGHTS. To the extent permitted by law, for ourselves and our successors and assigns, we
<br />hereby waive the benefit of all homestead, dower, curtesy, appraisement, valuation, redemption, reinstatement, stay, extension,
<br />exemption and moratorium laws now existing or hereafter enacted and any right to have the Property marshalled upon any invocation
<br />of the power of sale. We further agree that any court having jurisdiction may order the Property sold as an entirety.
<br />25. EXPENSES OF LITIGATION. In any proceeding to enforce any remedy of LENDER under the Credit Documents there shall
<br />be allowed and included, to the extent permitted by law, as additional indebtedness in the judgment or decree, any court costs and
<br />reasonable collection expenses which may be paid or incurred by LENDER for attorneys; paralegals; legal assistants; appraisers;
<br />documentary and expert evidence; stenographers; publication; surveys; abstracts of title; title searches; title insurance policies; and
<br />similar items which LENDER reasonably considers necessary in such proceeding or to evidence to bidders at any sale the true
<br />condition of the title to or value of the Property. Such expenses may be estimated to the extent they will be incurred after entry of the
<br />decree. All such expenses, and those that may be incurred to protect and maintain the Property or the lien of this Deed of Trust, shall
<br />be payable upon demand.
<br />26. CAPTIONS; GENDER; ETC. The headings in this Deed of Trust are not to be used to interpret or define its provisions. In
<br />this Deed of Trust, the masculine gender includes the feminine and /or neuter, singular numbers include the plurals, and plurals include
<br />the singular.
<br />27. CERTAIN TRUSTEE MATTERS. At any time, without liability and without notice, upon written request of LENDER and
<br />us, Trustee may consent to the making of any map or plat of the Property, join us in granting any easement on the Property, join in
<br />any subordination or other agreement affecting this Deed of Trust, or reconvey, without warranty, all or any part of the Property.
<br />LENDER, at its option, may at any time remove the current Trustee and appoint a successor Trustee in the manner provided by
<br />applicable law. To do so, LENDER shall record with the register of deeds of the county where the Property is located an instrument
<br />executed and acknowledged by LENDER and containing (a) our names and the name of LENDER and the original Trustee, (b) the
<br />book and page where this Deed of Trust is recorded, (c) the name and address of the successor Trustee and (d) such other information
<br />as from time to time may be required by applicable law. The successor Trustee shall, without conveyance of the Property, succeed to
<br />all the title, estate, powers and duties conferred upon Trustee by this Deed of Trust and applicable law. This procedure for
<br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br />28. WRITTEN STATEMENTS. Within five calendar days upon request in person or within ten calendar days upon request by
<br />mail, LENDER will furnish a written statement duly acknowledged of the amount due on this Deed of Trust and whether any offsets
<br />or defenses exist against debt secured by this Deed of Trust.
<br />LENDER may collect a fee not to exceed $50 for furnishing the statement of obligation.
<br />29. MERGER. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate of
<br />LENDER in the Property, without the written consent of LENDER.
<br />30. MFRS. Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this
<br />Deed of Trust, but, if necessary to comply with local law or custom MFRS (as nominee for Lender and Lender's successors
<br />and assigns) has the right: to exercise any or all of these interests, including, but not limited to, the right to foreclose and sell
<br />the property; and to take any action required of Lender including but not limited to, releasing and canceling this Deed of
<br />(THIS SPACE INTENTIONALLY LEFT BLANK)
<br />L,d.
<br />Initial's - - --
<br />KIM
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