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200809799
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Last modified
12/1/2008 4:56:57 PM
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12/1/2008 4:56:56 PM
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DEEDS
Inst Number
200809799
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<br />200809799 <br /> <br />for any obligation herein mentioned; or (vi) make compromises or other arrangements <br />with debtors in relation thereto. <br /> <br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in <br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall <br />not be a waiver of or preclude the exercise of any such right or remedy. The procurement <br />of insurance or the payment of taxes or other liens or charges by Lender shall not be <br />waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Deed of Trust. <br /> <br />(d) Successors and Assigns Bound; Captions. The covenants and <br />agreements herein contained shall bind, and the rights hereunder shall inure to, the <br />respective heirs, representatives, successors and assigns of Lender and Trustor. The <br />captions and headings of the paragraphs of this Deed of Trust are for convenience only <br />and are not to be used to interpret or define the provisions hereof. <br /> <br />(e) Request for Notices. The parties hereby request that a copy of any notice <br />of default hereunder and a copy of any notice of sale hereunder by mailed to each party to <br />this Deed of Trust as the address set forth above in the manner prescribed by applicable <br />law. Except for any other notice required under applicable law to be given in another <br />manner, any notice provided for in this Deed of Trust shall be given by mailing such <br />notice by certified mail, return receipt requested, addressed to the other parties at the <br />addresses set forth above. Any notice provided for in this Deed of Trust shall be <br />effective three (3) days after mailing same in the manner designated herein. <br /> <br />(f) Reconveyance. Upon payment of all sums secured by this Deed of Trust <br />or in the event the conditions involving the sale of the Property are met pursuant to <br />Section 8 hereof, Lender shall request Trustee to reconvey the Property and shall <br />surrender to Trustor this Deed of Trust and, if applicable, all documents evidencing <br />indebtedness secured by this Deed of Trust. Trustee shall reconvey the Property without <br />warranty to the person or persons legally entitled thereto. <br /> <br />(g) Application of Payments. Unless otherwise required by law, sums paid <br />to Lender hereunder, including, without limitation, payments of principal and interest and <br />condemnation proceeds, shall be applied by Lender to the amounts due and owing from <br />Trustor in such order as Lender in its sole discretion deems desirable. <br /> <br />(h) Severability. If any provision of this Deed of Trust conflicts with <br />applicable law or is declared invalid or otherwise unenforceable, such conflict or <br />invalidity shall not affect the other provisions of this Deed of Trust or the other Loan <br />Documents which can be given effect without the conflicting provision and, to this end, <br />the provisions of this Deed of Trust and the other Loan Documents are declared to be <br />severable. <br /> <br />4 <br />
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