THE TIME OF PERSONAL DELIVERY OR, IN THE CASE OF
COURIER OR MAIL, AS OF THE DATE OF FIRST ATTEMPTED DELIVERY AT THE ADDRESS AND
IN THE MANNER PROVIDED HEREIN, OR, IN THE CASE OF FACSIMILE, UPON RECEIPT;
PROVIDED, THAT SERVICE OF A NOTICE REQUIRED BY THE CALIFORNIA CIVIL CODE SHALL
BE CONSIDERED COMPLETE WHEN THE REQUIREMENTS OF THAT STATUTE ARE MET.
NOTWITHSTANDING THE FOREGOING, NO NOTICE OF CHANGE OF ADDRESS SHALL BE EFFECTIVE
EXCEPT UPON RECEIPT.
ANY PARTY WHOSE ADDRESS IS SET FORTH AT THE END OF THIS
DEED OF TRUST HEREBY REQUESTS THAT A COPY OF NOTICE OF DEFAULT AND NOTICE OF
SALE BE MAILED TO IT AT THAT ADDRESS.
IF ANY GRANTOR FAILS TO INSERT AN
ADDRESS, THAT FAILURE SHALL CONSTITUTE A DESIGNATION OF SUCH GRANTOR'S LAST
KNOWN ADDRESS AS THE ADDRESS FOR SUCH NOTICE.
THIS SECTION SHALL NOT BE
CONSTRUED IN ANY WAY TO AFFECT OR IMPAIR ANY WAIVER OF NOTICE OR DEMAND PROVIDED
IN ANY LOAN DOCUMENT OR TO REQUIRE GIVING OF NOTICE OR DEMAND TO OR UPON ANY
PERSON IN ANY SITUATION OR FOR ANY REASON.
SECTION 6.16
INVALIDITY OF CERTAIN PROVISIONS.
A
DETERMINATION THAT ANY PROVISION OF THIS DEED OF TRUST IS UNENFORCEABLE OR
INVALID SHALL NOT AFFECT THE ENFORCEABILITY OR VALIDITY OF ANY OTHER PROVISIONS,
AND THE DETERMINATION THAT THE APPLICATION OF ANY PROVISION OF THIS DEED OF
TRUST TO ANY PERSON OR CIRCUMSTANCE IS ILLEGAL OR UNENFORCEABLE SHALL NOT AFFECT
THE ENFORCEABILITY OR VALIDITY OF SUCH PROVISION AS IT MAY APPLY TO OTHER
PERSONS OR CIRCUMSTANCES.
SECTION 6.17
INTERPRETATION.
REFERENCES TO
ARTICLES, SECTIONS AND EXHIBIT(S) ARE, UNLESS SPECIFIED OTHERWISE, REFERENCES TO
ARTICLES, SECTIONS AND EXHIBIT(S) OF THIS DEED OF TRUST.
WORDS OF ANY GENDER
SHALL INCLUDE EACH OTHER GENDER.
WORDS IN THE SINGULAR SHALL INCLUDE THE PLURAL
AND WORDS IN THE PLURAL SHALL INCLUDE THE SINGULAR.
THE WORDS "HEREIN,"
"HEREOF," "HEREUNDER" AND OTHER SIMILAR COMPOUNDS OF THE WORD "HERE" SHALL REFER
TO THIS ENTIRE DEED OF TRUST AND NOT TO ANY PARTICULAR ARTICLE, SECTION,
PARAGRAPH OR PROVISION.
THE WORDS "INCLUDE" AND "INCLUDING" SHALL BE
INTERPRETED AS IF FOLLOWED BY THE WORDS "WITHOUT LIMITATION."
CAPTIONS AND
HEADINGS IN THIS DEED OF TRUST ARE FOR CONVENIENCE ONLY AND SHALL NOT AFFECT THE
CONSTRUCTION OF THIS DEED OF TRUST.
THE TERM "PERSON" AND WORDS IMPORTING
PERSONS AS USED IN THIS DEED OF TRUST SHALL INCLUDE FIRMS, ASSOCIATIONS,
PARTNERSHIPS (INCLUDING LIMITED PARTNERSHIPS AND LIMITED LIABILITY
PARTNERSHIPS), JOINT VENTURES, TRUSTS, CORPORATIONS, LIMITED LIABILITY COMPANIES
AND OTHER LEGAL ENTITIES, INCLUDING PUBLIC OR GOVERNMENTAL BODIES, AGENCIES OR
INSTRUMENTALITIES, AS WELL AS NATURAL PERSONS.
SECTION 6.18
BINDING EFFECT; GRANTOR.
THE TERMS,
PROVISIONS, COVENANTS AND CONDITIONS HEREOF SHALL BE BINDING UPON BORROWERS AND
GRANTOR AND THE REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF BORROWERS AND
GRANTOR; PROVIDED, HOWEVER, THAT GRANTOR MAY NOT ASSIGN THIS DEED OF TRUST, OR
ASSIGN OR DELEGATE ANY OF ITS RIGHTS OR OBLIGATIONS UNDER THIS DEED OF TRUST,
WITHOUT THE PRIOR WRITTEN CONSENT OF EACH LENDER IN EACH INSTANCE (AND ANY
ATTEMPTED ASSIGNMENT OR
37
DELEGATION BY