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<br />Section 6.9 Subrogation to Egisting Liens. To the extent that proceeds of the Obligations aze used
<br />to pay indebtedness secured by any outstanding lien, security interest, charge or prior encumbrance against the
<br />Mortgaged Property, such proceeds have been advanced by Beneficiary at Trustor's request, and Beneficiary shall be
<br />subrogated to any and all rights, security interest and liens owned by any owner or holder of such outstanding liens,
<br />security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests,
<br />charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed
<br />and continued and merged herein to secure the Obligations, but the terms and provisions of this Deed of Trust shall
<br />govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances
<br />to which Beneficiary is subrogated hereunder. It is expressly understood that in consideration of the payment of such
<br />indebtedness by Beneficiary, Trustor hereby waives and releases all demands and causes of action for offsets and
<br />payments in connection with the said indebtedness.
<br />Section 6.10 Application of Payments to Certain Obligations. If any part of the Obligations cannot
<br />be lawfully secured by this Deed of Trust or if any part of the Mortgaged Property cannot be lawfully subject to the
<br />lien and security interest hereof to the full extent of the Obligarions, then all payments made shall, unless otherwise
<br />designated by the Beneficiary, be applied on the Obligations first in discharge of that portion thereof which is not
<br />secured by this Deed of Trust.
<br />Section 6.11 Compliance with Usury Laws. It is the intent of Trustor and Beneficiary and all other
<br />parties to the Loan Documents to confornY to and contract in strict compliance with applicable usury laws from time
<br />to time in effect. All agreements between Beneficiary and Trustor (or any other party liable with respect to any
<br />indebtedness under the Loan Documents) are hereby limited by the provisions of this Section 6.11 which shall
<br />override and control all such agreements; whether now existing or hereafter arising. In no way, nor in any event or
<br />contingency (including but not limited to prepayment, default, demand for payment, or acceleration of the maturity
<br />of any obligation), shall the interest taken, reserved, contracted for, charged, chargeable or received under this Deed
<br />of Trust, the Notes delivered in connection therewith or any other Loan Document or otherwise, exceed the
<br />maximum non-usurious amount permitted by applicable law (the "Maximum Lawful AmounY'). If, from any
<br />possible construction of any document, interest would otherwise by payable in excess of the Maximum Lawful
<br />Amount, any such construction shall be subject to the provisions of this Section 6.11 and such document shall ipso
<br />facto be automatically reformed and the interest payable shall be automatically reduced to the Maximum Lawful
<br />Amount, without the necessity of execution of any amendment or new document. If Beneficiary shall ever receive
<br />anything of value which is characterized as interest under applicable law and which would apart from this provision
<br />be in excess of the Maximum Lawful Amount, an amount equal to the amount which would have been excessive
<br />interest shall, without penalty, be applied to the reduction of the principal amount owing on the Obligations in the
<br />inverse order of its maturity and not to the payment of interest, or refunded to Trustor or the other payor thereof if
<br />and to the e�rtent such amount which would have been excessive exceeds such unpaid principal. Any right to
<br />accelerate maturity of any of the Obligations does not include the right to accelerate any interest which has not
<br />otherwise accrued on the date of such accelera,tion, and Beneficiary does not intend to charge or receive any
<br />unearned interest in the event of acceleration. All interest paid or agreed to be paid to Beneficiary shall, to the extent
<br />permitted by applicable law, be amortized, prorated, allocated and spread throughout the full stated term (including
<br />any renewal or extension) of such indebtedness so that the amount of interest on account of such indebtedness does
<br />not exceed the Maximum Lawful Amount.
<br />Section 6.12 Marshalling. To the fullest etctent allowed by applicable law, Trustor waives any right
<br />to require the marshalling of any assets constituting collateral for the Loan.
<br />Section 6.13 Invalidity of Certain Provisions. A determination that any provision of tlus Deed of
<br />Trust is unenforceable or invalid shall not affect the enforceability or validity of any other provision, and the
<br />determination that the application of any provision of this Deed of Trust to any person or circumstance is illegal or
<br />unenforceable shall not affect the enforceability or validity of such provision as it may apply to other persons or
<br />circumstances.
<br />Section 6.14 Gender; Titles; Construction. Within this Deed of Trust, words of any gender shall be
<br />held and construed to include any other gender, and words in the singular number shall be held and construed to
<br />include the plural, unless the conte�ct otherwise requires. Titles appearing at the beginning of any subdivisions hereof
<br />are for convenience only, do not constitute any part of such subdivisions, and shall be disregarded in construing the
<br />language contained in such subdivisions. The use of the words "herein," "hereof," "hereunder" and other similar
<br />compounds of the word "here" shall refer to this entire Deed of Trust and not to any particular Article, Secrion,
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