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RE�RECO�D 1 �
<br />20�11�5�3� 20�1049:A.3
<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 Credit Documents to conform to and contract in strict compliance with applicable usury laws from
<br />time to rime in effect. All agreements between Beneficiary and Trustor (or any other party liable with respect to any
<br />indebtedness under the Credit Documents) are hereby limited by the provisions of this Section 6.11 which sha11
<br />override and control a11 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), sha11 the interest ta.ken, reserved, contracted for, charged, cha.rgeable, or received under this Deed
<br />of Trust, the Note delivered in connecrion therewith or any other Credit Document or otherwise, exceed the
<br />maximum non-usurious amount permitted by applicable law (the "Maacimum Lawful Amount"). If, from any
<br />possible construction of any document, interest would otherwise by payable in excess of the Maximum Lawful
<br />Amount, any such consttuction 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 extent such amount which would have been excessive exceeds such unpaid principal. Any right to
<br />accelerate maturity of any of the Obligarions does not include the right to accelerate any interest which has not
<br />otherwise accrued on the date of such acceleration, 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 e�ctension) of such indebtedness so that the amount of interest on account of such indebtedness does
<br />not exceed the Maacimum Lawful Amount.
<br />Section 6.12 Marshalling. To the fullest extent allowed by applicable law, Trustor waives any right
<br />to require the marshalling of any assets consrituting collateral for the Loan.
<br />Section 6.13 Invalidity of Certain Provisions. A determination that any provision of this 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 ttus 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 context 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" sha11 refer to this entire Deed of Trust and not to any particular Article, Section,
<br />paragraph or provision. The term "person" and words importing persons as used in this Deed of Trust shall include
<br />firms, associations, partnerships (including limited partnerships), joint ventures, trusts, corporations, limited liability
<br />companies, and other legal entities, including public or govemmental bodies, agencies or instrumentalities, as well
<br />as natural persons.
<br />Section 6.15 Reporting Compliance. Trustor agrees to comply with any and all reporting
<br />requirements applicable to the transactions secured by this Deed of Trust which are set forth in any law, statute,
<br />ordinance, rule, regulation, order or determination of any governmental authority, and further agrees upon written
<br />request of Beneficiary to furnish Beneficiary with evidence of such compliance.
<br />Section 6.16 Beneficiary's Consent. Except where otherwise expressly provided herein, in any
<br />instance hereunder where the approval, consent or the exercise of judgment of Beneficiary is required or requested,
<br />(i) the granting or denial of such approval or consent and the exercise of such judgment shall be within the sole
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