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<br />With a copy to: <br /> <br />200804831 <br /> <br />Ryley Carlock & Applewhite <br />1999 Broadway, Suite 1800 <br />Denver, Colorado 80202 <br />Attention: Andrew A. Folkerth <br />Telecopy No.: (303)-595-3159 <br /> <br />Any person may change such person's address for notices or copies of notices by giving notice to <br />the other party in accordance with this section. <br /> <br />9.14 Reconvevance. When all of the Secured Obligations have been paid in full, Bank <br />shall request Trustee in writing to reconvey the Property, and shall surrender this Deed of Trust <br />and all notes and instruments evidencing the Secured Obligations to Trustee. When Trustee <br />receives Bank's written request for reconveyance and all fees and other sums owing to Trustee by <br />Borrower hereunder, Trustee shall reconvey the Property, or so much of it as is then held under <br />this Deed of Trust, without warranty to the person or persons legally entitled to it. Such person <br />or persons shall pay any costs of recordation. In the reconveyance, the grantee may be described <br />as "the person or persons legally entitled thereto," and the recitals of any matters or facts shall be <br />conclusive proof of their truthfulness. Neither Bank nor Trustee shall have any duty to <br />determine the rights of persons claiming to be rightful grantees of any reconveyance. <br /> <br />9,15 Substitution of Trustee. From time to time, Bank may substitute a successor to <br />any Trustee named in or acting under this Deed of Trust in any manner now or later to be <br />provided at law, or by a written instrument executed and acknowledged by Bank and recorded in <br />the office(s) of the recorder(s) of the county or counties where the Real Property and <br />Improvements are situated. Any such instrument shall be conclusive proof of the proper <br />substitution of the successor Trustee, who shall automatically upon recordation of the instrument <br />succeed to all estate, title, rights, powers and duties of the predecessor Trustee, without <br />conveyance from it. <br /> <br />9.16 Illegality. If any provision of this Deed of Trust is held to be illegal, invalid, or <br />unenforceable under present or future laws effective during the term of this Deed of Trust, the <br />legality, validity, and enforceability of the remaining provisions of this Deed of Trust shall not <br />be affected thereby, and in lieu of each such illegal, invalid or unenforceable provision there <br />shall be added automatically as a part of this Deed of Trust a provision as similar in terms to <br />such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and <br />enforceable. If the rights and liens created by this Deed of Trust shall be invalid or <br />unenforceable as to any part of the Secured Obligations, then the unsecured portion of the <br />Secured Obligations shall be completely paid prior to the payment of the remaining and secured <br />portion of the Secured Obligations, and all payments made on the Secured Obligations shall be <br />considered to have been paid on and applied first to the complete payment of the unsecured <br />portion of the Secured Obligations. <br /> <br />9.17 Obligations Binding Upon Borrower's Successors. This Deed of Trust is binding <br />upon Borrower and Borrower's successors and assigns, including all grantees and remote <br />grantees of any interest of Borrower in the Property, and shall inure to the benefit of Bank, and <br /> <br />J03209-606J7-957802v5 <br /> <br />25 <br /> <br />us Bank / Rivemend Apartments Phase J <br />Deed of Trust <br />