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8.5 Captions. The captions or headings at the beginning of each Section hereof are for <br />the convenience of the parties and are not a part of this Deed of Trust. <br />8.6 Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to <br />be severable. In the event any term or provision hereof is declared to be illegal or invalid for any <br />reason whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity <br />shall not affect the balance of the terms and provisions hereof, which terms and provisions shall <br />remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to <br />any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the <br />unsecured or partially secured portion of the debt, and all payments made on the debt, whether <br />voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have <br />been first paid or applied to the full payment of that portion of the debt which is not secured or <br />partially secured by the lien of this Deed of Trust. <br />8.7 Governing Law. This Deed of Trust shall be governed by and construed in <br />accordance with the laws of the State of California. <br />8.8 Gender and Number. In this Deed of Trust the singular shall include the plural and <br />the masculine shall include the feminine and neuter and vice versa, if the context so requires. <br />8.9 Deed of Trust, Mortgage. Any reference in this Deed of Trust to a mortgage shall <br />also refer to a deed of trust and any reference to a deed of trust shall also refer to a mortgage. <br />8.10 Actions. Trustor agrees to appear in and defend any action or proceeding purporting <br />to affect the Security. <br />8.11 Substitution of Trustee. Beneficiary may from time to time substitute a successor or <br />successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such <br />appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, <br />powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such <br />appointment and substitution shall be made by written instrument executed by Beneficiary, <br />containing reference to this Deed of Trust and its place of record, which, when duly recorded in the <br />proper office of the county or counties in which the Property is situated, shall be conclusive proof of <br />proper appointment of the successor trustee. <br />8.12 Statute of Limitations. The pleading of any statute of limitations as a defense to any <br />and all obligations secured by this Deed of Trust is hereby waived to the full extent permissible by <br />law. <br />8.13 Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly <br />executed and acknowledged, is made public record as provided by law. Except as otherwise <br />provided by law the Trustee is not obligated to notify any party hereto of pending sale under this <br />Deed of Trust or of any action of proceeding in which Trustor, Beneficiary, or Trustee shall be a <br />party unless brought by Trustee. <br />[SIGNATURE ON THE FOLLOWING PAGE] <br />2220130.1 Page 36 <br />