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20110314� <br />the property described by this instrument, Trustor hereby agrees to permit Beneficiary to cure such <br />default, but Beneficiary is not obligated to do so; and such advances shall become part of the <br />indebtedness secured by this instrument, subject to the same terms and conditions. <br />12. That all awards of damages in connection with any condemnation for public use of or <br />injury to any of said property are hereby assigned and shall be paid to Beneficiary, who may apply the <br />same to payment of the installments last due under said note, and the Beneficiary is hereby authorized, in <br />the name of the Trustor to execute and deliver valid acquittances thereof and to appeal from any such <br />award. <br />13. The irrevocable right to appoint a substitute Trustee or Trustees is hereby expressly <br />granted to the Beneficiary, his successors or assigns, to be exercised at any time hereafter without <br />specifying any reason therefor, by filing for record in the office where this instrument is recorded a <br />substitution of Trustee. Prior to recording the substitution of Trustee, a copy of the instrument of the <br />substitution of the successor Trustee shall be mailed to the Trustor and all persons who have requested <br />notice of default and notice of sale by filing such request with the office of Register of Deeds where this <br />Deed of Trust is recorded. <br />14. If more than one person joins in the execution of this instrument as Trustor, or if anyone <br />so joined be of the feminine sex, the pronouns and relative words used herein shall be read as if written in <br />the plural or feminine, respectively, and the term "Beneficiary" shall include any payee of the indebtedness <br />hereby secured or any assignee ar transferee thereof whether by operation of law or otherwise. The <br />covenants herein contained shall bind and the rights herein granted or conveyed shall inure to the <br />respective heirs, executors, administrators, successors, and assigns of the parties hereto. <br />15. In compliance with section 101.106(b) of the Rules and Regulations of the Small <br />Business Administration (13 C.F.R. 101.106(b)), this instrument is to be construed and enforced in <br />accordance with applicable Federal law. <br />16. A judicial decree, order, or judgment holding any provision or portion of this instrument <br />invalid or unenforceable shall not in any way impair or preclude the enforcement of the remaining <br />provisions or portions of this instrument. <br />17. The sale of the real estate which .is the subject of this Deed of Trust without the prior <br />written consent of the Beneficiary is agreed to be a material default by the Trustor, and the Beneficiary <br />shall have the option to declare the whole indebtedness secured thereby to be due and owing and the <br />power of sale confeRed upon the Trustee may be exercised pursuant to this document and applicable <br />statutes. <br />The Loan secured by this lien was made under a United States Small Business Administration <br />(SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is <br />seeking to enforce this document, then under SBA regulations: <br />(a) When SBA is the holder of the Note, this document and all documents evidencing or <br />securing this Loan will be construed in accordance with federal law. <br />(b) CDC or SBA may use local or state procedures for purposes such as filing papers, <br />recording documents, giving notice, foreclosing liens, and other purposes. By using these <br />procedures, SBA does not waive any federal immunity for local or state control, penalty, <br />tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or <br />state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to <br />this Loan. <br />5 <br />