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200003288 <br />1. This conveyance is made upon and subject to the further trust that the said Tnistor shall re main <br />in quiet and peaceable possession of the above granted and described premises and take the profits thereof to <br />his own use until default be made in any payment of an installment due on said note or in the performance of <br />any of the covenants or conditions contained therein or in this Deed of Trust; and, also to secure the <br />reimbursement of the Beneficiary or any other holder of said note, the Trustee or any substitute trustee of any <br />and all costs and expenses incurred, including reasonable attorney's fees, on account of any litigation which <br />may arise with respect to this Trust or with respect to the indebtedness evidenced by said note, the protection <br />and maintenance of the property hereinabove described or in obtaining possession of said property after any <br />sale which may be made as hereinafter provided <br />2. Upon the full payment of the indebtedness evidenced by said note and the interest thereon, the <br />payment of all other sums herein provided for, the repayment of all monies advanced or expended pursuant to <br />said note or this instrument, and upon the payment of all other proper costs, charges, commissions, and <br />expenses, the above described property shall be released and reconveyed to and at the cost of the Trustor. <br />3. Upon default in any of the covenants or conditions of this instrument or of the note or loan <br />agreement secured hereby, the Beneficiary or his assigns may without notice and without regard to the <br />adequacy of security for the indebtedness secured, either personally or by attorney or agent without bringing <br />any action or proceeding, or by a receiver to be appointed by the court, enter upon and take possession of said <br />property or any part thereof, and do any acts which Beneficiary deems proper to protect the security hereof, <br />and either with or without taking possession of said property, collect and receive the rents, royalties, issues, <br />and profits thereof, including rents accrued and unpaid, and apply the same, less costs of operation and <br />collection, upon the indebtedness secured by this Deed of Trust, said rents, royalties, issues, and profits, being <br />hereby assigned to the Beneficiary as finther security for the payment of such indebtedness. Exercise of rights <br />under this paragraph shall not cure or waive any default or notice of default hereunder or invalidate any act <br />done pursuant to such notice but shall be cumulative to any right and remedy to declare a default and to cause <br />notice of default to be recorded as hereinafter provided, and cumulative to any other right and/or remedy <br />hereunder, or provided by law, and may be exercised concurrently or independently. Expenses incurred by <br />Beneficiary hereunder including reasonable attorney's fees shall be secured hereby. <br />4. The Trustor covenants and agrees that if he shall fail to pay said indebtedness, or any part <br />thereof, when due, or shall fail to perform any covenant or agreement of this instrument or of the promissory <br />note secured hereby, the entire indebtedness hereby secured shall immediately become due, payable, and <br />collectible at the option of the Beneficiary or assigns, regardless of maturity, and the Beneficiary or assigns <br />may enter upon said property and collect the rents and profits thereof. Upon such default in payment or <br />performance, and before or after such entry,the Trustee, acting in the execution of this Trust, after the notice <br />of default has been recorded, shall mail a copy of the default to each person who is a party to this instrument, <br />at the address set out in this instrument, as well as to any person who has requested any notice of default and <br />notice of sale by recording said request for notice with the register of deeds in the county in which this <br />instrument is recorded, and after the lapse of time which is required by law after mailing the notice, the <br />Trustee shall have the power to sell said property, and it shall be the Trustee's duty to sell said property (and in <br />case of any default of any purchaser, to resell) at public auction, to the highest bidder, first giving five weeks' <br />notice of the time, terms, and place of such sale, by advertisement not less than once during each of said five <br />weeks in a newspaper published or distributed in the county or political subdivision in which said property is <br />situated, and written notice of sale shall be mailed to each person who is a party to this instrument at the <br />address set forth herein,(and the Beneficiary or any person on behalf of the Beneficiary may bid and purchase <br />at such sale). Such sale will be held at a suitable place to be selected by the Beneficiary within said county or <br />political subdivision. The Tnustee is hereby authorized to execute and deliver to the purchaser at such sale a <br />sufficient conveyance of said property, which conveyance shall contain recitals as to the happening of default <br />upon which the execution of the power of sale herein granted depends; and the said Trustor hereby constitutes <br />and appoints the Trustee as his agent and attorney in fact to make such recitals and to execute said conveyance <br />and hereby covenants and agrees that the recitals so made shall be binding and conclusive upon the Trustor, <br />and said conveyance shall be effectual to bar all equity or right of redemption, homestead, dower, right of <br />appraisement, and all other rights and exemptions of the Trustor all of which are hereby expressly waived and <br />conveyed to the Trustee. In the event of a sale as hereinabove provided, the Trustor or any person in <br />possession under the Trustor, shall then become and be tenants holding over and shall forthwith deliver <br />