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201007999
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Last modified
1/11/2011 2:17:00 PM
Creation date
10/29/2010 8:53:42 AM
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201007999
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2oioo7999 <br />Special California Provisions <br />Section 6.1. Inconsistencies. With respect to the Property located in the state of <br />California, the provisions set forth in this Article shall apply to and be made a part of the <br />Mortgage. In the event of any inconsistencies between the terms and provisions of this Article <br />and the other terms and provisions of this Mortgage, or to the extent, and only to the extent, any <br />of the ternls and provisions in this A�rticle conflict with, or axe ambiguous when read together <br />with, any of the other terms and provisions of this Mortgage, the provisions of this Article shall <br />govern. Capitalized words and phrases contained in this Article shall have the definition ascribed <br />to them in the main body of the Mortgage, unless the context manifestly requires otherwise. <br />Sectian 6.2. California Mortga�e Fareclosure Law. Na portion of the Obligations shall <br />be or be deemed to be offset or compensated by all or any part of any claim, cause of action, <br />counterclaim ar cross-claim, whether liquidated or unliquidated, which th.e Mortgagor may <br />presently have or claaim to have against the Trustee, or the Lender. The Mortgagor hereby <br />waives, to the fullest extent permitted by any applicable Requirement of Law, the benefits of <br />California Code of Civil Procedure § 431.70 (and any other any applicable Requirement of Law <br />of sirnilar import) which provides; <br />Where cross-demands for money have existed between persons at <br />any point in time when neither demand was barred by the statute af <br />limitations, and an action is thereafter commenced by one such <br />person, th.e other person may assert in the answer the defense of <br />payrnent in that the two dernands are compensated so far as they <br />equal each other, notwithstanding that an independent actior► <br />asserting the person's claim would at the time of filing the ansvver <br />be barred by the statute of limitations. If the cross-demand would <br />othexwise be barred by the statute of limitations, the relief <br />accorded under this section shall not exceed the value of the relief <br />granted to the other party. The defense pravided by this section is <br />not available if the cross-demand is barred for failure tv assert it in <br />a prior action uander Section 426.30. Neither person can be <br />deprived of the benefits of this section by the assignment or death <br />of the other. For purposes of this section, a money judgment is a <br />dernand for money, and, as applied to a money judgment, the <br />dernand is barred by the statute of limitations when enforcement of <br />the judgment is barred under Chapter 3(cnmmencing with Sectian <br />683.p10 af Division 1 of Title 9). <br />ARTTCLE VII <br />Special Idaho Provisians <br />Section 7.1. �nconsistencies. With respect to the Property lacated in the state of Idaho, <br />the provisions s�t forth in this Article shall apply to and be made a part of the Mortgage. In the <br />event of any inconsistencies between the terms and provisions of this Article and the other terms <br />54 <br />
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