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200704125
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200704125
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Last modified
5/22/2007 10:49:45 AM
Creation date
5/22/2007 10:49:43 AM
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DEEDS
Inst Number
200704125
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<br />200704125 <br /> <br />construed as defining or limiting, in any way, the scope or intent of the provisions <br />hereof. <br /> <br />41.5. Duplicate Originals. This Deed of Trust may be executed in any <br />number of duplicate originals and each such duplicate original shall be deemed to <br />be an original. <br /> <br />41.6. Definitions. Unless the context clearly indicates a contrary intent or <br />unless otherwise specifically provided herein, words used in this Deed of Trust <br />may be used interchangeably in singular or plural form and the word "Grantor" <br />shall mean "each Grantor and any subsequent owner or owners of the Trust <br />Property or any part thereof or any interest therein," the word "Beneficiary" shall <br />mean "Beneficiary and any subsequent holder of the Note," the word "person" <br />shall include an individual, corporation, partnership, trust, unincorporated <br />association, government, governmental authority, and any other entity, and the <br />words "Trust Property" shall include any portion of the Trust Property and any <br />interest therein and the words "attorneys' fees" shall include any and all <br />attorneys' fees, paralegal and law clerk fees (including, without limitation, fees at <br />the pre-trial, trial and appellate levels incurred or paid by Beneficiary or Trustee <br />in protecting its interest in the Trust Property and Collateral and enforcing its <br />rights hereunder). Whenever the context may require, any pronouns used herein <br />shall include the corresponding masculine, feminine or neuter forms, and the <br />singular form of nouns and pronouns shall include the plural and vice versa. <br /> <br />41.7. Homestead. Grantor hereby waives and renounces all homestead <br />and exemption rights provided by the constitution and the laws of the United <br />States and of any state, in and to the Land as against the collection of the <br />Obligations, or any part hereof. <br /> <br />41.8. Assignments. Consistent with the applicable provisions ofthe Loan <br />Agreement, Beneficiary shall have the right to assign or transfer its rights under <br />this Deed of Trust. Any assignee or transferee shall be entitled to all the benefits <br />afforded Beneficiary under this Deed of Trust. <br /> <br />41.9. WAIVER OF JURY TRIAL. GRANTOR HEREBY AGREES <br />NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT <br />BY JURY, AND WAIVES ANY RIGHT TO TRIAL BY JURY FULLY TO <br />THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER <br />EXIST WITH REGARD TO THE NOTE, THIS DEED OF TRUST, OR THE <br />OTHER LOAN DOCUMENTS, OR ANY CLAIM, COUNTERCLAIM OR <br />OTHER ACTION ARISING IN CONNECTION THEREWITH. THIS <br />WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND <br />VOLUNT ARIL Y BY GRANTOR, AND IS INTENDED TO ENCOMPASS <br />INDIVIDUALL Y EACH INSTANCE AND EACH ISSUE AS TO WHICH THE <br />RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. <br />BENEFICIARY IS HEREBY AUTHORIZED TO FILE A COPY OF THIS <br /> <br />21 <br />
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