10210 EVERGREEN WAY 2018-01-01 MF Import

( � � ( proceedings,any post judgment collection proceedings,any probate nroceedings,and in connection with all negotiations,documentation,and otha actions relating to any workout, compromise, settlement or satisfaction of any of the Secured Ob]igations or any other obligations uf Boaower under any of the Loan Documents. All such costs,expenses and fees shall be payable on demand,shall bear inter-st from the date of disbursement at the lesser of the Default Rate under the Note,or the maximum rate pe,-mitted by law, and sha11 be secured by this Deed of Trust. � ARTICLE IX (;ENERA� IX,I N�Q1TSti. Borrowe�'s obligation to rimely pay and perform all obligations under the Note,this Deed of Trust, and the other Loan Documrnts shall be absolute and unconditional and shall not be atfected by any event or circumstance including,without limitation, any setoff,counterclaim,abatement, suspension,rxoupment,deduction, defense or any ether ri�t that Borrowa or any guazantor may have or claim against Len•ier or any other person or entity. The foregoing shall not constitute a waiver of any claim or demend which Bocrr.•,ver or any guarantor may have in damages or otherwise against Lender or any other per,on or entity,provided that Botrower shall maintain a separate action thereon. IX.2 Anolication of Payments. Except as applicable law or this Deed of Trust may othcrwise provide, all payments receieed by Lender shall be app]ied to payment of lhe following,in such order as Lender, at its option,may determine: (a)Lender's and Trustee's fees,costs and expenses described in pazagraph 8.10 above; (b)interest payablc on advances made to protect the security of this Deed of Trust;(c)principal of such advances; (d)amounts payable to Lender by Boaower under Article III fbr reserves; (e) interest and late charves payable on the Note; (fl principal of the Note; and(g)�y other Secured Obligations. IX3 $e�Yances. Upon payment of ap sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall sunender this Deed of Trust and all notes evidencing indebtedness secured by ttus Deed of Trust to Tcustee. Ttustee shall reconvey the Property without warranry to the person or persons legally entitled thereto. The grantee in any reconveyance may be described as the"person or persons legally entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Such person or peisons shall pay Lender's and Trustee's reasonable casts and expenses inc�ured in so reconveying the Property. IX,q S , . .��5�,or Tr�ste'. In accoruance with applicable law,Lender may from time to time appoint a successor trustee to any Trustec appointed hereunder. Without com�eyance of tt�e PropeRy, the successor trustee sha11 succeed to all title,power and duties confened upon the Trustee herein and by applicable law. IX.S 1.gnde�s Powers. Without affecting the liability of any person for payment or 22 98 � 60 i. O9g4 (