|
<br />200704125
<br />
<br />6.5. Grantor agrees to bear and shall payor reimburse Beneficiary on
<br />demand for all reasonable expenses (including, without limitation, reasonable
<br />attorney's fees and disbursements, title search costs and title insurance
<br />endorsement premiums) incurred by Beneficiary in connection with the review,
<br />approval and documentation of any such sale, conveyance, alienation, mortgage,
<br />encumbrance, pledge or transfer.
<br />
<br />7. Changes in the Laws Regarding Taxation. If any law is enacted or adopted or amended
<br />after the date of this Deed of Trust which deducts the Obligations from the value of the Trust
<br />Property for the purpose of taxation or which imposes a tax, either directly or indirectly, on the
<br />Obligations or Beneficiary's interest in the Trust Property, Grantor will pay such tax, with
<br />interest and penalties thereon, if any. In the event Beneficiary is advised by counsel chosen by it
<br />that the payment of such tax or interest and penalties by Grantor would be unlawful or taxable to
<br />Beneficiary or unenforceable or provide the basis for a defense of usury, then in any such event,
<br />Beneficiary shall have the option, by written notice of not less than one hundred twenty days, to
<br />declare the Obligations immediately due and payable without the payment of any prepayment
<br />penalty.
<br />
<br />8. No Credits on Account of the Obligations. Grantor will not claim or demand or be
<br />entitled to any credit or credits on account of the Obligations for any part of the Impositions or
<br />Other Charges assessed against the Trust Property, or any part thereof.
<br />
<br />9. Documentarv Stamps. If at any time the United States of America, any State thereof or
<br />any subdivision of any such State shall require revenue or other stamps to be affixed to the Note
<br />or this Deed of Trust, or impose any other tax or charge on the same (other than income taxes),
<br />Grantor will pay for the same, with interest and penalties thereon, if any.
<br />
<br />10. Controlling Agreement. It is expressly stipulated and agreed to be the intent of Grantor
<br />and Beneficiary at all times to comply with applicable state law or applicable United States
<br />federal law (to the extent that it permits Beneficiary to contract for, charge, take, reserve, or
<br />receive a greater amount of interest than under state law) and that this section shall control every
<br />other covenant and agreement in this Deed of Trust and the other Loan Documents. If the
<br />applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount
<br />called for under the Note or under any of the other Loan Documents, or contracted for, charged,
<br />taken, reserved, or received with respect to the Obligations, or if Beneficiary's exercise of the
<br />option to accelerate the maturity of the Note, or if any prepayment by Grantor results in Grantor
<br />having paid any interest in excess of that permitted by applicable law, then it is Grantor's and
<br />Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary shall be
<br />credited on the principal balance of the Note and all other Obligations (or, if the Note and all
<br />other Obligations have been or would thereby be paid in full, refunded to Grantor), and the
<br />provisions of the Note and the other Loan Documents immediately be deemed reformed and the
<br />amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the
<br />execution of any new documents, so as to comply with the applicable law, but so as to permit the
<br />recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or
<br />agreed to be paid to Beneficiary for the use, forbearance, or detention of the Obligations shall, to
<br />the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout
<br />the full stated term of the Obligations until payment in full so that the rate or amount of interest
<br />
<br />8
<br />
|