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_l�.�. .. . .. . . ' <br /> , , <br /> � .,.._ . „ � .. ,� .. _ _ <br /> :... -.�,...: ' . , . <br /> � .. <br /> . _. _...- �----- ---... .-- - .. ._ *--- - <br /> .._....-..-- <br /> .,.,.- <br /> : , . � , .. .. _�_'�� -_ <br /> � , ., � ., � , .._ <br />, .�o, <br /> . , _ � <br /> , ; ,. � . � -_ <br /> � ..°:�:. <br /> . �•. .'e►$y�';3�'��. _ .... . • �. . _ _ <br /> : .. ,��1� <br /> I ,r�-- <br /> 1 <br /> � `�,__,' <br /> •,�."`� � 97� �1U932 .__ <br /> . N �. �..�_: <br /> Beneficiary may also direct T�rustee, and Trustee shall be empowered, to i'oreclose the Trust ._��-- <br /> Property by advertisement and exercise of sala under applicable law. - �= <br /> 8, Attorney�'ees; Proceeds of Sale. If foreclosure be made by Trustee, reasonable -- -- <br /> attorney fees for services in the supervision of foreclosure proceedings shall be allowed by Trustee .F:` _ <br /> ;, as part�f the costs of foreclosure. After deducting all costs, fees and expenses of Trustee and of j.,,- <br /> this Deed of Trust, including cost of evidence of tide in connection with sale, Trustee shall apply �'�_ <br /> :���� the proceeds of sale to payment�f all sums expended under the terms hereof, not then repaid, with �- <br /> � accreied interest at the Default Rate as herein provided; all other sums ihen secured hereby; and the _ <br /> ~ remainder, if any, to the person or persons legally entitled thereto. <br /> � <br /> �. 9. Exgenses and Attorney Fees. If Beneficiary refers the Note to an attorney for - <br /> collection or seeks legal advice fallowing a default alleged in good faith euider the Note; if - <br /> � Bene�iciary is the prevailing party in any litigation. instituted in connection with thE Note; or if <br /> �: <br />- � Bene�iciary or any other person uutiates any judicial or nonjudicial action, suit or proceeding in <br /> connection with the Note,the indebtedness evidenced thereby or the security therefor{including, <br /> - i but uuc tunit�to, an action to rsra•rer�.�sses�ion of t�e'�'n�st Prn�rty after foreclosure), and an <br /> ______,__��_] attorney is employed by Beneficiary to (a) appear in any such action, suit or proceeding, or (b) <br /> . � reclaim. seek relief from a judicial or statutory stay� sequester� protect, preserve or enforce <br /> . �� Beneficiary's interest in the Note, the Deed of Trust or any other securiry for the Note(including — <br />- � � but not limited to proceedings under federal banlQUptcy law, in eminent domain, under probate <br /> proceadings�appellate reviews,or in connecdon with any state or federal tax lien),then,in any such <br /> � `� event�to the extent allowed by law�Trustor shall pay attorney fees and costs and expenses incurred <br /> by Heneficiary and/or its attomey in connection with the above-mentioned events and any appeals <br /> related to such events, including but not limited to costs incuned in searching records,the cost of <br />-, tide reports, the cost of appraisals, the c�st of surveyors' reports and the cost of environmental <br />;, ,' " surveys. Trustor ack-nowledges and agrees that such fees and expenses shall be deemed to be <br /> • advances to protect Beneficiary's interest in the Trust Property, and may be charged and collected <br />- from Trustor in connecrion with a reinstatement following a default hereunder. If not paid within <br /> ten (10)days after such fees, costs and expens�s become due and written demand for payment is <br />- �- = made��pon Trustor,such amount may,at Beneficiary's oprion,be added to the principal of the Note � <br /> - ��` and shall bear interest at the Default Rate. <br /> � �� � 10. BWding Effect; Waiver of Defenses; Interpretatfon. This Deed of Trust applies <br /> r� to, inures to the benefit of� and binds all parties hereto, thcu heirs, legatees, devises, <br /> � ' administrators, executors,successors and assigns. The right to plead any Statute of Limitati.ons in <br /> , any suit brought upon the Note or the indebtedness thereby evidenced or to foreclose or enforce this --__ <br /> . . i �a:�._�- <br /> Deed of Trust or arising therefrom or by reason of any default of Trustor, is hereby waived to the ��-=-- <br /> ,-_�.-._ <br /> - . �'; � full extent permissible by law. The term Beneficiary shall mean the owner and holder, including --"- <br /> pledgees, of the Note secured hereby, whether or not named as Beneficiary herein. In this Deed <br /> ! of Trust, whenever the context so requires, the masculine gender includes the feminine andlor <br /> , ' neuter, and the singular number includes the plural. <br /> � <br /> Dted of Trust.Astignmcnt of Rents.Securiry Agrocment uid Pixture Filing(NE-9/97) <br /> PAGE 14 <br /> . � P:\CIAS[NGVIBENI)IK�DOCS�1947�FAZOLI'5�97092314\DOT.W P6 <br /> I <br /> I <br /> ; <br /> ' .. _ _ <br /> a <br /> ' .�j _ <br />