BE REFUNDED TO GRANTOR.
All sums paid or agreed to be paid to Lender for the use, forbearance or
detention of the indebtedness evidenced hereby shall, to the extent permitted by
applicable law, be amortized, prorated, allocated and spread throughout the full
term of such indebtedness so that the rate or amount of interest on account of
any such indebtedness does not exceed the applicable usury ceiling.
Section 9.4
Future Advances.
This Deed of Trust shall also secure such future or additional indebtedness of
Grantor to Lender or such future or additional advances for construction,
improvements, preservation, maintenance and operation of the Property and the
security for payment of the Obligations as may be made by Lender, whether such
future advances are obligatory or are to be made at Lender's option, to Grantor,
for any purpose.
Section 9.5
WAIVER OF CONSUMER RIGHTS.
TO THE EXTENT NOW OR HEREAFTER APPLICABLE, GRANTOR HEREBY WAIVES GRANTOR'S
RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT,
SECTION 17.41 ET SEQ., TEXAS BUSINESS & COMMERCE CODE, A LAW THAT GIVES
CONSUMERS SPECIAL RIGHTS AND PROTECTIONS.
AFTER CONSULTATION WITH AN ATTORNEY
OF GRANTOR'S OWN SELECTION, GRANTOR VOLUNTARILY CONSENTS TO THIS WAIVER.
Section 9.6
TEXAS FINANCE CODE SECTION 307.052 COLLATERAL PROTECTION
INSURANCE NOTICE:
(A) GRANTOR IS REQUIRED TO: (I) KEEP THE PROPERTY INSURED AGAINST DAMAGE IN THE
AMOUNT SPECIFIED IN THE JUNIOR LOAN DOCUMENTS; (II) PURCHASE THE INSURANCE FROM
AN INSURER THAT IS AUTHORIZED TO DO BUSINESS IN THE STATE OF TEXAS OR AN
ELIGIBLE SURPLUS LINES INSURER; AND (III) NAME LENDER AS THE PERSON TO BE PAID
UNDER THE POLICY IN THE EVENT OF A LOSS AS AND TO THE EXTENT REQUIRED IN THE
JUNIOR LOAN AGREEMENT; (B) GRANTOR MUST, IF REQUIRED BY LENDER PURSUANT TO THE
JUNIOR LOAN AGREEMENT, DELIVER TO LENDER A COPY OF THE POLICY AND PROOF OF THE
PAYMENT OF PREMIUMS, PROVIDED THAT EVIDENCE OF ANY RENEWAL POLICY SHALL NOT BE
REQUIRED TO BE PROVIDED MORE THAN 15 DAYS PRIOR TO THE EXPIRATION OF THE TERM OF
THE THEN EXISTING INSURANCE POLICY; AND (C) IF GRANTOR FAILS TO MEET ANY
REQUIREMENT LISTED IN PARAGRAPH (A) OR (B), LENDER MAY OBTAIN COLLATERAL
PROTECTION INSURANCE ON BEHALF OF GRANTOR AT THE GRANTTOR'S EXPENSE AS AND TO
THE EXTENT EXPLICITLY PERMITTED BY THE JUNIOR LOAN AGREEMENT.
Section 9.7
INDEMNITY.
IT IS THE EXPRESS INTENTION OF GRANTOR AND GRANTOR HEREBY AGREES THAT THE
INDEMNITIES SET FORTH IN THIS DEED OF TRUST AND THE OTHER JUNIOR LOAN DOCUMENTS
WILL APPLY TO AND FULLY PROTECT EACH INDEMNIFIED PARTY EVEN THOUGH ANY CLAIMS,
DEMANDS, LIABILITIES, LOSSES, DAMAGES, CAUSES OF ACTION, JUDGMENTS, PENALTIES,
COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES)
THEN THE SUBJECT OF INDEMNIFICATION MAY HAVE BEEN CAUSED BY, ARISE OUT OF, OR
ARE OTHERWISE ATTRIBUTABLE TO, DIRECTLY OR INDIRECTLY, THE NEGLIGENCE (EXCLUDING
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) IN WHOLE OR IN PART OF SUCH INDEMNIFIED
PARTY AND/OR ANY OTHER PARTY.
Initials of signatory of Marc Sierra:
/s/ MDS
Section 9.8
SECTION 26.02 NOTICE.