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without conveyance from the predecessor Trustee, succeed to all of the predecessor Trustee's
<br />title, estate, fights, powers and duties.
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<br />Partial Invalidit¥~ Maximum Allowable Rate of Interest
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<br /> 21. (a) Trustor and Beneficiary intend and believe that each provision in this
<br />Deed of Trust comports with all applicable local, state and federal laws and judicial decisions.
<br />However, if any provision or provisions, or if any portion of any provision or provisions, in this
<br />Deed of Trust is found by a court of competent jurisdiction to be in violation of any applicable
<br />local, state or federal ordinance, statute, law, administrative or judicial decisions, or public
<br />policy, and if such court should declare such portion, provision or provisions of this Deed of
<br />Trust to be illegal, invalid, unlawful, void or unenforceable as written, then it is the intent of
<br />Trustor and Beneficiary that such portion, provision or provisions shall be given force to the
<br />fullest possible extent that it or they are legal, valid and enforceable, that the remainder of this
<br />Deed of Trust shall be construed as if such illegal, invalid, unlawful, void or unenforceable
<br />portion, provision or provisions were not contained therein, and that the fights, obligations and
<br />interests of Trustor and Beneficiary under the remainder of this Deed of Trust shall continue in
<br />full force and effect.
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<br /> (b) All agreements herein are expressly limited so that in no contingency or
<br />event whatsoever, whether by reason of advancement of the proceeds of the Note, acceleration of
<br />maturity of the unpaid principal balance thereof, or otherwise, shall the amount paid or agreed to
<br />be paid to Beneficiary for the use, forbearance or detention of the money to be advanced under
<br />the Note exceed the highest lawful rate permissible under applicable usury laws. If, from any
<br />circumstances whatsoever, the fulfillment of any provision hereof or of the Note, or any other
<br />Note documents at the time perfo,mance of such provision shall be due, shall involve
<br />transcending the limit of validity prescribed by law which a court of competent jurisdiction may
<br />deem applicable hereto, then, ipso facto, the obligation to be fulfilled shall be reduced to the
<br />limit of such validity; and if, from any circumstance Beneficiary shall ever receive as interest an
<br />amount which would exceed the highest lawful rate, such amount which would be excessive
<br />interest shall be applied to the reduction of the unpaid principal balance due on the Note and not
<br />to the payment of interest.
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<br />Notices
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<br /> 22. Except as otherwise expressly provided herein, any notice, demand, request or
<br />other communication which any party hereto may be required or may desire to give under this
<br />Deed of Trust shall be in writing and shall be deemed to have been properly given if (a) hand
<br />delivered, (b)mailed (effective three (3) days after mailing) by United States registered or
<br />certified mail, postage prepaid, return receipt requested, (c)sent by overnight courier by a
<br />nationally recognized delivery service (effective one (1) day after delivery to such courier) or
<br />(d) sent by facsimile (effective upon confirmation of transmission), in each case addressed as
<br />follows:
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<br /> If to Trustor:
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<br /> SHORES CHILDCARE, LLC
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<br /> 17996.00003~BGLIB 1\1083970.6 16
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