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<br /> 11-05-2001 DEED OF TRUST Page 7
<br /> (Continued)
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be In writing, may be sent by lelefacsimlle (unless
<br /> otherwise required by law),and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or,If
<br /> mailed,shall a deemed effective when deposited In the United States mall first class,certified or registered mail,postage prepaid,directed to the
<br /> addresses shown near the beginning of this Deed of Trust. Any party may change Its address for notices under this Deed of Trust by giving formal
<br /> written notice to the other parties, specifying that the purpose of the notice Is to change the party's address. All copies of notices of foreclosure
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<br /> from-the-holder-of any llarrwhich-has-I)rlaNty avarthlg-DiFedof That shall bb Wt-ISLerrder's-address' nown-naartht-beglrvnlng—of lPoSDeed of-
<br /> Trust. For notice purposes,Trustor agrees to keep Lender and Trustee Informed at all times of Trustor's current.address. Each Truslor requests
<br /> that copies of any notices of default and sale be directed to Truslor's address shown near the beginning of this Deed of Trust.
<br /> STATEMENT OF OBLIGATION. Lender may collect a fee,In an amount not to exceed the statutory maximum, for furnishing the statement of
<br /> obligation as provided by Sectlon 2943 of the Civil Code of California. -
<br /> ADDITIONAL PROVISION. "The Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide
<br /> j program which uses tax dollars to assist small business owners. If the United Slates Is seeking to enforce this document, then under SBA
<br /> regulations: a) When SBA Is the holder of the Note, this document and all documents evidencing or securing this Loan will be construed In
<br /> accordance with federal law.b)Lender or SBA may use local or slate procedures for purposes such as filing papers,recording documents,giving
<br /> notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any federal immunity from local or state control,
<br /> penalty, tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or slate law to deny any obligation of Borrower, or
<br /> defeat any claim of SBA with respect to this Loan. Any clause In Ihis document requiring arbitration is not enforceable when SBA Is the holder of
<br /> the Note secured by this Instrument.". _
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties as
<br /> to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given In writing and
<br /> signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's residence,Trustor shall furnish to Lender, upon request,a certified
<br /> statement of net operating Income received from the Property during Trustor's previous fiscal year In such form and datall as Lender shall
<br /> require. "Net operating Income" shall mean ,It cash receipts from the Property less all cash expenditures made In connection with the -
<br /> operation of the Property.
<br /> Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged,Is made a public record as
<br /> provided bylaw.
<br /> Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the Stale of California. This Deed of
<br /> Trust shall be governed by and construed In accordance with the laws of the Slate of California.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or delle the
<br /> provisions of this Deed of Trust.
<br /> Merger. There shall be no merger of the Inlerest or estate created by this Deed of Trust with any other Interest or estate In the Property at any
<br /> time held by or for the benefit of Lender In any capacity,without the written consent of Lender.
<br /> Multiple Parties. All obligations of Trustor under this Deed of Trust shall be joint and several,and all references to Trustor shall mean each
<br /> and every Truslor. This means that each of the persons signing below Is responsible for all obligations In this Deed of Trust
<br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Invalid or unenforceable as to any person or
<br /> circumstance,such finding shall not render that provision Invalid or unenforceable as to any other persons or circumstances. If feasible,any
<br /> such offending provision shall be deemed to be modified to be within the limits of enforceability or validity;however,If the offending provision
<br /> cannot be so modified,it shall be stricken and all other provisions of[his Deed of Trust In all other respects shall remain valid and enforceable.
<br /> Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Trustor's Interest,this Deed of Trust shall be
<br /> binding upon and Inure to the benefit of the parties, their successors and assigns, If ownership of the Property becomes vested In a person
<br /> other than Truslor, Lender, without notice to Truslor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br /> Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the
<br /> Indebtedness.
<br /> Time Is of the Essence. Time Is of the essence In the performance of this Deed of Trust.
<br /> Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Documents)
<br /> unless such waiver Is in writing and signed by Lender. No delay or omisslen on the part of Lender In exercising any right shall operate as a
<br /> waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice
<br /> the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender,nor any course of
<br /> dealing between Lender and Trustor, shall constlute a waiver of any of Lender's rights or any of Trustor's obligations as to any future
<br /> transactions. Whenever consent by Lender Is required In this Deed of Trust,the granting of such consent by Lender In Any Instance shall not
<br /> constitute continuing consent to subsequent instances where such consent is required.
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br /> ITS TERMS,INCLUDING THE VARIABLE RATE PROVISIONS OF THE NOTE SECURED BY,THIS DEED OF TRUST.
<br /> TRUSTOR:
<br /> /Juan 0.Marga Nadine T,Morga
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