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201f~03753 6.8 Severability. If any provision of this Deed of Trust, or any paragraph, sentence, clause, phrase, or word, or their application, in any circumstance, is held invalid, the validity of the remainder of this Deed of Trust shall be construed as if such invalid part were never included. 6.9 Non-Waiver. Unless expressly provided in this Deed of Trust to the contrary, no consent or waiver, express or implied, by any party, to or of any breach or default by any other party shall be deemed a consent to or waiver of the performance by such defaulting party of any other obligations or the performance by any other party of the same, or of any other, obligations. 6.10 Headings. The headings of sections and paragraphs in this Deed of Trust are for convenience of reference only and shall not be construed in any way to limit or define the content, scope, or intent of the provisions. 6.11 Grammar. As used in this Deed of Trust, the singular shall include the plural, and masculine, feminine, and neuter pronouns shall be fully interchangeable, where the context so requires. 6.12 Counterparts. This Deed of Trust may be executed in any number of separate counterparts, each of which shall collectively and separately constitute one Deed of Trust. 6.13 Deed of Trust in Possession. Nothing contained in this Deed of Trust shall be construed as constituting Lender a mortgagee in possession in the absence of the actual taking of possession of the Trust Estate. 6.14 Incorporation of Note; No Conflicts The terms of the Nate are incorporated by reference herein as though set forth in full detail. In the event of a conflict between any other term or provision of this Deed of Trust and the Note, the terms and provisions of the Note shall control. 6.15 No Oral Modification. This Deed of Trust may not be amended, supplemented or otherwise modified except in a writing executed by Trustor and Lender. Any agreement made by Trustor and Lender after the date of this Deed of Trust relating to this Deed of Trust shall be superior to the rights of the holder of any intervening or subordinate Lien. 6.16 Bindin Eg ffect. This Deed of Trust is be binding upon and inure to the benefit of Trustor and Lender and their respective successors and permitted assigns, including, any United States trustee, any debtor in possession or any trustee appointed from a private panel. [SIGNATURE PAGE FOLLOWS] 4842-8419-5330.1 15