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10 4 54 <br />5.04 Usury. All agreements between Trustor and Beneficiary <br />are exprese y invited so that in no contingency or event whatso- <br />ever, whether by reason of advancement of the principal amount of <br />the Note, Default Bate, acceleration of maturity of the unpaid <br />principal balance thereof, or otherwise, or advancement of any <br />sums under the provisions of this Deed of Trust, shall the amount <br />paid or agreed to be paid to the holder of the dote for the use, <br />forbearance or detention of the money to be advanced thereunder <br />or hereunder exceed the highest lawful rate permissible. if, for <br />any circumstances whatsoever, fulfillment of any provision of <br />this Deed of Trust or the Note or any other agreement referred to <br />herein, at the time performance of such provision shall be due, <br />shall involve transcending the limit of validity prescribed by <br />law which a court of competent jurisdiction may deem applicable <br />thereto, then the obligations to be fulfilled shall be reduced to <br />the limit of such validity, and if from any circumstance the <br />holder of the Note or Beneficiary shall ever receive as interest <br />an amount which would exceed the highest lawful rate, such amount <br />which would be excessive interest shall be applied to the reduc- <br />tion of the unpaid principal balance due hereunder and not to the <br />payment of interest or, if such excessive interest exceed, the <br />unpaid principal balance due hereunder, the excess shall be <br />refunded to Trustor or its successors or assigns. This Section <br />6.04 shall control every other provision of all agreements <br />between Trustor and Beneficiary. <br />-17- <br />