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RF -Rr.no -DED <br />101038 <br />17. y-orebearance by Beneficiary or Trustee Not a Waiver, <br />Any forebearasnee by Beneficiary or Trustee in exercising any <br />right or remedy hereunder, or otherwise afforded by applicable <br />law, stall not be a waiver of or preclude the exercise of <br />any such right or remedy. Likewise, the waiver by Beneficiary <br />or Trustee of any, default of Trustor under this Deed of <br />Trust shall not be deemed to be a waiver of any other similar <br />defaults subsequently occurring. <br />18. Trustor Not Released. Extension of the time for <br />payment or modification or amortization of the sums secured <br />by this geed of Trust granted by .Beneficiary to any successor <br />in interest of Trustor shall not operate to release, in any <br />manner, the liability of the original Trustor and Trustor's <br />successor in interest. Beneficiary shall not be required to <br />commence prncsadi.ngs against such successor or refuse to <br />extend t ime for na,s,"e nt _rheer'w'i .. d: r._ <br />�.. j...v..- tOC iW411� a amortization of <br />the sums secured by this Deed of Trust by reason of any <br />demand made by the original Trustor and Trustor's successor <br />in interest. <br />19. Beneficiary's Powers. Without affecting the <br />liability of the Trustor or any other person liable for the <br />payment of any obligation herein mentioned, and without <br />affecting the lien or charge of this Deed of Trust upon any <br />portion of the Property not then or theretofore released as <br />security for the full amount of all unpaid obligations, <br />Beneficiary may, from time to time and without notice, (i) <br />release any person so liable, (ii) extend the maturity or <br />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 Beneficiary's options <br />any parcel, portion or all of the Property, (v) take or <br />release any other or additional security for any obligation <br />herein mentioned, or (vi) make compositions or other arrange- <br />ments with debtors in relation thereto. <br />20. Reconveyance by Trustee. Upon written iequest of <br />Beneficiary stating that all sums secured hereby have been <br />paid, and upon surrender of this Deed of Trust and the Note <br />to Trustee for cancellation and retention and upon payment <br />by Trustor of Trustee's fees, Trustee shall reconvey to <br />Trustor, or the person or persons legally entitled thereto, <br />without warranty, any portion of the Property then held <br />hereunder. The recitals in such reconveyance of any matters <br />or facts shall be conclusive proof of the truthfulness <br />thereof. The grantee in any reconveyance may be described <br />as "the person or persons legally entitled thereto ". <br />21. Notices. Except for any notices, demands, requests, <br />or other commi unciations required under applicable law to be <br />given in another manner, whenever Beneficiary, Trustor, or <br />Trustee gives or serves any notice (including, without <br />limitation, notice of default and notice of sale), demands, <br />requests or other communication with respect to this Deed of <br />Trust, each such notice, demand, request or other communication <br />shall be in writing and shall be effective only if the same <br />is delivered in person to the recipient entitled to notice <br />or mailed by certified mail, postage prepaid, return receipt <br />requested, addressed to the address as set forth at the <br />beginning of this Deed of Trust. Trustor hereby requests <br />that a copy of any notice of default, any notice of sale, <br />required or permitted to be given the Trustor hereunder, be <br />mailed to it at the address set forth at the beginning of <br />this Deed of Trust. Any party may at any time change its <br />address for such notices by delivering or mailing to the <br />other parties hereto, as aforesaid, a notice of such change. <br />Any notice hereunder shall be deemed to have been given to <br />Trustor or Beneficiary, when given in the manner designated <br />herein. <br />- 7- <br />