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<br />29. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rights under this Deed of
<br />Trust must be contained in a writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations, delay or fail to exercise
<br />any of its rights or accept payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waiver
<br />on one occasion shall not constitute a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender
<br />amends, compromises, exchanges, fails to exercise, impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or
<br />any of its rights against any Grantor, Borrower or third party or any of the Property. Lender's failure to insist upon strict performance of any of the
<br />Obligations shall not be deemed a waiver, and Lender shall have the right at any time thereafter to insist upon strict performance.
<br />30. SlJBSTITUTE TRUSTEE. In case of the death, inability, refusal to act or absence of the Trustee from the state where the Property is
<br />located or in case the holder of the Obligations shall desire for any reason to remove the Trustee or any substitute trustee as trustee hereunder and
<br />to appoint a new trustee in his place and stead, the holder of the Obligations is hereby granted full power to appoint in writing a substitute trustee
<br />for said Trustee, and the substitute trustee shall, when appointed, become successor to all rights of Trustee hereunder and the same shall become
<br />vested in him for the purposes and objects of this Deed of Trust with all the power, duties and obligations herein conferred on the Trustee,
<br />31 SUCCESSORS AND ASSIG NS. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their
<br />respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees.
<br />32. NOTICES. Except as otherwise required by law, any notice or other communication to be provided under this Deed of Trust shall
<br />be in writing and sent to the parties at the addresses described in this Deed of Trust or such other address as the parties may designate in
<br />writing from time to time. Any such notice so given and sent by first class mail, postage prepaid, shall be deemed given the earlier of three
<br />(3) days after such notice is sent when received by the person to whom such notice is being given.
<br />33. SEVERABILITY. Whenever possible, each provision of this Deed of Trust shall be interpreted so as to be effective and valid under
<br />applicable state law. If any provision of this Deed of Trust violates the law or is unenforceable, the rest of this Deed of Trust shall continue to
<br />be valid and enforceable.
<br />34. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the Property is located. Unless applicable
<br />law provides otherwise, Grantor consents to the jurisdiction and venue of any court selected by Lender, in its sole discretion. located in that state,
<br />35. NO THIRD-PARTY RIGHTS. No person is or shall be a third-party beneficiary of any provision of this Deed of Trust. All
<br />provisions of this Deed of Trust in favor of Lender are intended solely for the benefit of Lender, and no third party shall be entitled to assume
<br />or expect that Lender will waive or consent to the modification of any provision of this Deed of Trust, in Lender's sole discretion.
<br />36. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower, Grantor, or any guarantor of the
<br />Obligations, or any other person (except a person expressly released in writing) for the payment and performance of the Obligations, and
<br />without affecting the rights of Lender with respect to any Property not expressly released in writing, and without impairing in any way the
<br />priority of this Deed of Trust over the interest of any person acquired or first evidenced by recording subsequent to the recording of this Deed
<br />of Trust, Lender may, either before or after the maturity of the Obligations, and without notice or consent: release any person liable for
<br />payment or performance of all or any part of the Obligations; make any agreement altering the terms of payment or performance of all or any
<br />part of the Obligations; exercise or refrain from exercising or waive any right or remedy that Lender may have under this Deed of Trust;
<br />accept additional security of any kind for any of the Obligations; or release or otherwise deal with any real or personal property securing the
<br />Obligations. Any person acquiring or recording evidence of any interest of any nature in the Property shall be deemed, by acquiring such
<br />interest or recording any evidence thereof, to have consented to all or any such actions by Lender.
<br />37. DEFEASANCE. Upon the payment and performance in full of all of the Obligations, Lender will execute and deliver to Grantor
<br />those documents that may be required to relea~e this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation.
<br />38. WAIVER 01<' HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the
<br />Property to which Grantor would otherwise be entitled under any applicable law.
<br />39. MISCELLANEOlJS. Grantor and Lender agree that time is of the essence. Grantor waives presentment. demand for payment,
<br />notice of dishonor and protest except as required by law. All references to Grantor in this Deed of Trust shall include all persons signing
<br />below. If there is more than one Grantor, their Obligations shall be joint and several. This Deed of Trust represents the complete integrated
<br />understanding between Grantor and Lender pertaining to the terms and conditions hereof.
<br />40. ADDITIONAL TERMS:
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<br />BY SIGNING BELOW, Grantor accepts and agrees to the terms and covenants contained in pages I through 7 of this Deed of Trust and
<br />in any Rider or Schedule executed by Grantor and recorded with it.
<br />ated this /7 day of Feb,uCU'j bJOD tf
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<br />~=to, bJlJ.s~
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<br />-Gran lor
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<br />-Grantor
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<br />-Grantor
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<br />-Grantor
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<br />-Grantor
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<br />ITEM 1275L5 (0504)
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<br />LPNE516E @Harland FinanCial Solutions, Inc. (9115198)
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<br />(Page 5 of 7 pages)
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<br />GreatDocl T~
<br />To Order Call: HlOO-968-5775
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<br />APP #: 7007605
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