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<br />Trustor fails to make any such payment or fails to perform any of the covenants and agreements
<br />contained in this Deed of Trust, or the Trust Documents, or in any prior or subsequent mortgage
<br />or any prior or subsequent deed of trust; or (b) if any action or proceeding is commenced which
<br />materially affects Beneficiary's interest in the Property, including, but not limit to, eminent
<br />domain proceedings, proceedings involving a decedent, notice of sale by Trustee, notice of
<br />default by Trustee, or mortgage foreclosure action; then Beneficiary, at Beneficiary's option and
<br />without notice to or demand upon Trustor and without releasing Trustor from any obligation
<br />hereunder, may make such appearances, disburse such sums and take such action as is
<br />necessary to protect Beneficiary's interest. Such action may include, but is not limited to,
<br />disbursement of reasonable attorney's fees, payment, purchase, contest or compromise of any
<br />encumbrance, charge or lien, entry upon the Property to make repairs, or declaration of default
<br />under this Deed of Trust and sale or foreclosure thereunder. In the event that Trustor shall fail
<br />to procure insurance or to pay taxes, assessments, or any other charges or to make any
<br />payments to any existing prior or subsequent lienholders or prior or subsequent beneficiaries,
<br />Beneficiary may procure such insurance and make such payment, but shall not be obligated to
<br />do so. Any amounts disbursed by Beneficiary pursuant to this paragraph shall become
<br />additional indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be
<br />payable upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear
<br />interest from the date of disbursement at the rate of six percent (6 %) per annum unless
<br />payment of interest at such rate would be contrary to applicable law, in which event such
<br />amounts shall bear interest at the highest interest rate authorized by applicable law. Nothing
<br />contained in this paragraph shall require Beneficiary to incur any expense or take any action
<br />hereunder.
<br />19. DUTIES AND OBLIGATIONS OF TRUSTEE. (a) The duties and obligations of
<br />Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee
<br />shall not be liable except for the performance of such duties and obligations as are specifically
<br />set forth herein, and no implied covenants or obligations shall be imposed upon Trustee; (b) No
<br />provision of this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise
<br />incur any financial obligation in the performance of any of its duties hereunder, or in the exercise
<br />of any of its rights or powers, if it shall have grounds for believing that the repayment of such
<br />funds or adequate indemnity against such risk or liability is not reasonably assured to it; Trustee
<br />may consult with counsel of its own choosing and the advice of such counsel shall be full and
<br />complete authorization and protection in the respect of any action taken or suffered by it in good
<br />faith and reliance thereon; (c) Trustee shall not be liable for any action taken by it in good faith
<br />and reasonably believed by it to be authorized or within the discretion of rights or powers
<br />conferred upon it by this Deed of Trust; (d) Trustee shall not be responsible for the payment of
<br />any unpaid taxes on the Property due and owing at the time of the sale of all or any part of the
<br />Property pursuant to the procedures herein.
<br />20. SUCCESSOR TRUSTEE. Beneficiary may from time to time substitute a
<br />successor or successors to any Trustee named herein or acting hereunder to execute this Deed
<br />of Trust. Upon such appointment and without conveyance to the successor Trustee, the latter
<br />shall be vested with all title, powers, and duties conferred upon any Trustee herein named or
<br />acting hereunder. Each such appointment and substitution shall be made by written instrument
<br />by Beneficiary, containing reference to this Deed of Trust and its place of record, which when
<br />recorded in the office of the Register of Deeds of the county or counties in which said Property
<br />is situated shall be conclusive proof of proper appointment of the successor trustee. The
<br />foregoing power of substitution and the procedure thereof shall not be exclusive of the power
<br />and procedure provided for by law for the substitution of another trustee in the place of the
<br />Trustee.
<br />21. SUCCESSOR BENEFICIARY. The term "Beneficiary" shall include the
<br />Beneficiary named herein and any future assignee or successor in interest of Beneficiary.
<br />22. BENEFICIARY'S RIGHT TO CURE. If there shall occur an Event of Default
<br />under this Deed of Trust or under any prior mortgage or deed of trust, the Beneficiary may cure
<br />such default within thirty (30) days after written notice of such Event of Default, or, if the default
<br />cannot be cured in thirty (30) days, within a reasonable time but not to exceed ninety (90) days
<br />after such written notice The amounts advanced by, and other costs and expenses of the
<br />Beneficiary in curing such default, with interest, shall be added to the indebtedness secured by
<br />this Deed of Trust and may be collected hereunder at any time after the time of such advances
<br />or payments and shall be deemed to be secured thereby.
<br />23. INDEMNIFICATION. Trustee and Beneficiary shall be indemnified and held
<br />harmless by Trustor for any liability, damage or expense, including reasonable attorneys' fees,
<br />costs and amounts paid in settlement, which they or either of them may incur or sustain in the
<br />execution of this Deed of Trust or in the doing of any act which they, or either of them, are
<br />required or permitted to do by the terms hereof or by law, and they shall be reimbursed therefor
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