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I <br />i $7-- 104232 <br />proof of proper substitution of each Tru@tee orTrestees who @hall without conveyance from theTruabe predecessor, aaooeedto <br />all its title, estate, rights, power and duties. <br />NO WAIVER BY BENEFICIARY: No waiver by Trustee or Beneficiary of any right under this Deed of Trust shall be of. <br />fective unless in writing. Waiver by Trades or Beneficiary of any right granted to Trustee or Beneficiary under this Deed of <br />Trust or of any provision of this Deed *(Trust as to any transaction or occurrences shall not be deemed a waiver as to any fu- <br />ture transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any pay. <br />ment or performing any act on behalf otTrudor that Trustar was obligated hereunder, but Mad to make or perform or by ad- <br />ding any payment so made by Trustee or Beneficiary to the indebtedness secured hereby, Beneficiary does not walve its right <br />to require prompt payment when due *fell other a- an sscoro l or to require prompt Performmarws of all other acts required <br />hereunder, or to declare a default for failure so to pay. <br />WAIVER OF STATUTE OF LIMITATIONS: Time is of the essence in all Trustor's obligations hereunder, and to theextent <br />permitted by law,Trasior waives all present or future statutes of limitations with respoetto any debt, demand @obligationae- <br />cored herab in any action or proceeding for the purpose of enforcing thle Trust o any right or remedies hereunder. <br />s �y <br />INSP qbi RDS: Beneficiary at eny time during the continuation of this Trust may enter and <br />inspect ns�. Trustor sgrees that, when requested by Beneficiary, Trustor will promptly de- <br />liver to sRcisRy ,tatemenb and profit and loo statements of such types and at such intervals as <br />may be required by Beneficiary which will be in form and content prepaid according to the usual and acceptable accounting <br />princi ples and practices, whkh statemaab shall cover the financial operations rsiating to Tr olor orsuch property and Troet. <br />or farther agrees when regrenled by Beneficiary to promptly deliver in writing each furtltor additional information an required <br />by Beneficiary relating to any such financial statements. <br />REMEDIES: No remedy herein provided shell be exclusive of any other remedy herein or now or hereafter existing by law, <br />but shall be cumulative. Every power or remedy hereby given to Trustee or to Beneficiary or to which either of them may be <br />otherwise entitled, may be exercised from time to time and as often me may be deemed expedient by them, and either of them <br />may pursue inconsistent remedies. If Beneficiary holds any additional security for any obligation secured hereby, it may <br />enforce the sale thereof at its option, either before, contemporaneously with, or after the sale is made hereunder and on any de- <br />fault of Trustor, Beneficiary may, at its option, offset against any indebtedness secured hereby, and the Beneficiary is hereby <br />authorised and empowered at its option, without any obligation so to do, and without affecting the obligations hereof, to apply <br />toward the payment of any indebtedness of the Trastor to the Beneficiary, any and all sums of money of Trustor which may <br />have in its possession or under its control, including without limiting the generality of the foregoing any savings aeeount,de- <br />podR investment certificate. escrow or trust funds. <br />LAW APPLICABLE: That this lead of Trust shall be constroed according to the laws of the state of <br />ILLEGALITY: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict <br />shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this <br />end the provisions of this Deed of Trust are declared to be severable. <br />GENERAL PROVISIONS: (a) This Deed of Trust applies to, inure@ to the benefitof, and binds all parties hereto, their heirs, <br />legatees, devisees, administrators, executors, successors and assigns. (b) the term "Beneficiary" shall mean the owner and <br />holder (including a pledgee) of any note secured hereby, whether or not names as Beneficiary herein. (c) Wherever thecontext <br />so requires, the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) <br />Captions and paragraph headings used herein are for convenience only, are not a partof this agreement, and @hall not be used <br />in construing it. If more than one person is named herein an Trustor, each obligation ofltusto shall be the joint and several <br />obligation of each such person. The rights or remedies granted hereunder, or by law, shall rwtbeexclusive, but shall be concur- <br />rent and cumulative. <br />TRUSTEE ACCEPTS this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by <br />law. Trusts* in not obligated to notify any party hereto of pending sale under any other Ie ed of Trustor any action or proceed• <br />ing in which Trento, Beneficiary or Trustee shall be a party, unions brought by Trustee. <br />Mailing address for notices to Trwtor: <br />IN WITNESS WHEREOF. Trustor has executed this Deed of Trust on the dab first above written. <br />The Muffl r Sho , I C. <br />(CORPORATE SEAL) L' <br />'m Atwood, President <br />LAS <br />