10210 EVERGREEN WAY 2018-01-01 MF Import

� ( . proceedings, any post judgment collection proceedings, any probate proceedings,and in connection Hith al1 negotiations,documentation,and other actions relating to any workout, compromise, settiement or satisfaction of any of the Secured Obligations or any other obligations af Borrower under any of tho Loan Documents. All such costs, expenses and fees shall be payable on demand, shall bear interest from the date of disbursement at the lesser ef the Defanit Rate timder the Notey or the maximum rate permitted by law, and shall be secured by tlus Deed of Truct. ARTTCLE FX * .r� nr. IX.1 �Gi. Borsower's obligation tu timely pay and perfomi all obligations under the Note,rhis Deed of Trust, and the other Loan Documents shall be absolute and unconditional a�id sUall not be atTected by any event or circumstance including,without limitation, any setoff,counterclaim,abatement, suspension,recoupment,deduction, defense or any other right that Bocrower or any guarantor may have or claim against Lender or any other persan or entity. The foregoing shall not constilute a waivec of any claim or demend which Boaower or any guarantor may have in damages or otherwise against Lendet or any other person or entity,provided that Boaower shall maintain a sepazate acGon there�n. IX.2 Annlication ofPaynients. Exr:at as applicable law or this Deed of Trust may othcnvise provide, all payments received by Lender shall be applied to payment of lhe folIowing, in such order as Lender, at its option, may determine: {a)Lenders and Trustee's fees, costs and expenses described in paragraph 8.10 above; (b)inierest payable on advan::es made tc protect the security of this Deed of Trust; (c)principal of such advances; (d)amounts payable to Lender by Borrower under Article IIi for reserves;(e)interest and late charges payable on the Note; (�principal of the Note; and(g)any other Secured Obligations. IX.3 Besonv ar�ces. Upon payment of all sums secured by this Deed of Tmst, Lender shall request Tcustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deal of Trust to Trustee. Trustee shal]reconvey the Property without warranty to the person or persons legally entiUed thereto. 'The graz�tee in any reconveyance may be described as the "person or persons fegally entitled thereto;' and the recitals thercin of any matters or facts shall be cone;usive proof of the truthfulness thereof. Such person or persuns s}�all pay Lender's and Trustee's reasonable costs and expenses incurred in so reconveying the Property. IX.4 � � es��• In accordance with applicable law, Lender may from time to time appoint a successor lrustcc to any Trustee appointed hereunder. Without conveyance of the Property,the successor tnistce shall succeed to all title,power and duties conferred upon the Trustee hercin and by applicable law. IX.S Lgnde�s Powers. Without affecting tiie liability of any petson for payment or 22 980601. 0984 '