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CONST DOT PG4 <br />4 <br />201211074 <br />Full Reconveyance: That, upon written request of Beneficiary stating that all sums secured hereby have been <br />paid, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of <br />any matters of fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be <br />designated as "the person or persons legally entitled thereto ". Such request and reconveyance shall operate as a <br />reassignment of the rents, income, issues and profits hereinbefore assigned to Beneficiary. <br />Right to Collect and Receive Rents and Profits: Notwithstanding any other provisions hereof, Beneficiary <br />hereby grants permission to Trustor to collect and retain the rents, income, issues and profits of such property as they <br />become due and payable, but reserves the right to revoke such permission at any time, with or without cause, by notice in <br />writing to Trustor, mailed to Trustor at his last known address. In any event, such permission to Trustor automatically <br />shall be revoked upon default by Trustor in payment of any indebtedness secured hereby or in the performance of any <br />agreement hereunder. On any such default, Beneficiary may at any time without notice, either in person, by agent, or by <br />receiver to be appointed by the Court, and without regard to the adequacy of any security for the indebtedness secured <br />hereby, enter upon and take possession of such property, or any part thereof, make, cancel, enforce or modify leases; <br />obtain and eject tenants, set or modify rents; in its own name sue or otherwise collect the rents, income, issues and <br />profits thereof, including those past due and unpaid; and apply the same, less costs and expenses of operation and <br />collection, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Beneficiary <br />may determine; and except for such application, Beneficiary shall not be liable to any person for the collection or <br />noncollection of any rents, income, issues or profits, for the failure to assert or enforce any of the foregoing rights, nor <br />shall Beneficiary be charged with any duties and obligations of a mortgagee in possession. The entering upon and taking <br />possession of such property, the collection of such rents, income, issues, or profits, the doing of other acts herein <br />authorized, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or <br />invalidate any act done pursuant to such notice. <br />Trustee's Sale on Default: Upon default by Trustor in payment of any indebtedness secured hereby or in <br />performance of any agreement hereunder, or any agreement secured hereby, Beneficiary may declare all sums secured <br />hereby immediately due and payable and shall cause to be filed of record a written notice of default and election to sell <br />such property. After the lapse of such time as then may be required by law following recordation of such notice of <br />default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell such <br />property, either as a whole or in separate parcels, and in such order as it or Beneficiary may determine at public auction <br />to the highest bidder. Trustee may postpone the sale of all or any portion of such property by public announcement at the <br />time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time and <br />place fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recital in such deed of any matters of fact or <br />otherwise shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, <br />may purchase at such sale. Trustee may also sell at any such sale and as part thereof any shares of corporate stock <br />securing the obligation secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at its option <br />may also foreclose on such shares by independent pledge sale, and Trustor waives demand and notice of such sale.) <br />After deducting all costs, fees and expenses of Trustee, and of this Trust, including cost of evidence of title in connection <br />with such sale, Trustee shall first apply the proceeds of sale to payment of all sums expended under the terms hereof, not <br />then repaid, with accrued interest at the rate then payable under the note or notes secured hereby, and then to payment of <br />all other sums secured hereby, and if thereafter there be any proceeds remaining, distribute them to the person or persons <br />legally entitled thereto. <br />If this Deed of Trust or any note secured hereby provides for any charge for prepayment of any indebtedness <br />secured hereby, Trustor agrees to pay said charge, if any of said indebtedness shall be paid prior to the maturity date <br />thereof stated in said note or this Deed of Trust, even rand notwithstanding Truster shall have defaulted to payment <br />thereof, or in performance of any agreement hereunder, and Beneficiary by reason thereof, shall have declared all sums <br />secured hereby immediately due and payable. <br />Substitution of Trustee: That Beneficiary may, from time to time, by instrument in writing, substitute a <br />successor or successors to any Trustee named herein or acting hereunder, which instrument, executed and <br />acknowledged by Beneficiary and recorded in the office of the register of deeds of the county or counties where such <br />property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, <br />without conveyances from the Trustee predecessor, succeed to all its title, estate, rights, power and duties. <br />No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective <br />unless in writing. Waiver by Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any <br />provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future <br />transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any <br />payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed, to make or <br />perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not <br />waive its right to require prompt payment when due of all otier sums so secured or to require prompt performance of all <br />other acts required hereunder, or to declare a default for failure so to pay. <br />Waiver of Statute of Limitations: Time is of the essence in all Trusters obligations hereunder; and to the, extent <br />permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation <br />secured hereby in any action or proceeding for the purpose of enforcing this Trust or any rights or remedies hereunder. <br />Inspection and Business Records: Beneficiary at any time during the continuation of this Trust may enter <br />and inspect such property at any reasonable time. Trustor agrees that in the event such property is now or hereafter used <br />for commercial or residential income purposes, when requested by Beneficiary, Trustor will promptly deliver to <br />Beneficiary such certified financial statements and profit and loss statements of such types and at such intervals as may <br />be required by Beneficiary which will be in form and content prepared according to the usual and acceptable <br />accounting principals and practices, which statements shall cover the financial operations relating to such property <br />