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. � � �8- ivz�� 22. Repuest for Notices. Merrill Lynch requests that copies of notices of default and sale from the holder of any lien which has priority over this Deed of Trust be sent to Menill Lynch at P.O. Box 45152, Jacksonville, Florida 32232. 23. Incorporation of Terms. All of the terms, conditions and provisions of the Agreement are incorporated by this reference into this Deed of Trust as if included in this Deed of Trust itself. 24.Time of Essence. Time is of the essence in this Deed of Trust, and the Agreement. 25. AMual Knowledae. For purposes of this Deed of Trust and the Agreement, Merrill Lynch does not receive actual knowledge of information required to be conveyed to Merrill Lynch in writing by us until the date of actual receipt of such information at the address for notices specified in pazagraph 11 above. Such date shall be conclusively determined by reference to the return receipt in our possession. If such return receipt is not available, such date shall be conclusively determined by reference to the "Received" date stamped on such written notice by Merrill Lynch or Merrill Lynch's agent. With regard to other events or information not provided by us under the Credit Documents,Merrill Lynch will be deemed to have actual knowledge of such event or information as of the date Merrill Lynch receives a written notice of such event or information from a source Merrill Lynch reasonably believes to be reliable, including but not limited to, a court or other governmental agency, institutional lender, or title company. The actual date of receipt shall be determined by reference to the "Received" date stamped on such written notice by Merrill Lynch or Merrill Lynch's agent. 26. Taxes. If the laws now in force for the taxation of deeds of trust, or the debts they secure, or the manner of operation of such taxes, change in any way after the date of this Deed of Trust so as to affect the interest of Menill Lynch, then we shall pay the full amount of such taxes. 27.Expense of Litieation.In any suit to invoke the power of sale under this Deed of Trust or enforce any other remedy of Merrill Lynch under the Credit Documents there shall be allowed and included, to the extent permitted by law, as additional indebtedness in the judgment or decree,all court costs and out-of-pocket disbursements and ail expenditures and expenses which may be paid or incurred by Menill Lynch or on Menill Lynch's behalf for attorneys' fees, appraisers' fees, outlays for documentary and expert evidence, stenographers' chazges, publication costs, survey costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all abstracts of title, title searches and examinations, title insurance policies, and similaz data and assurances with respect to title as Menill Lynch may consider reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree the true condition of the title to or value of the Property. All such expenditures and expenses, and those that may be incurred in the protection of the Property and the maintenance of the lien of this Deed of Trust, including the fees of any attorney employed by Menill Lynch in any litigation or proceeding affecting this Deed of Trust, the Agreement or the Property or in prepazation for the commencement or defense of any proceeding or threatened suit or proceeding, shail be immediately due and payable by us, with interest at the interest rate payable under the Agreement. 28. Written Statements. Within five (5) calendaz days upon request in person or within ten (10) calendaz days upon request by mail, Merrill Lynch will furnish a written statement duly acknowledged of the amount due on this Deed of Trust and whether any offsets or defenses ezist against the debt secured by this Deed of Trust. By signing this Deed of Trust, we agree to all of the above. ^ � � GRAN'F6R Jimmy L Rash AN R ie . ash GRANTOR GRANTOR � -8- � � �� .... `.i