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� � -=� -_ � � 90-- 10038� Goa'ttemnadon:All sums due, paid ur pavahlt• t� "1'nitit�r, �ir an}• w�a•c•estior in intcrest �i'1'nist��r, whether by ��a�• uf jud�,mien�settlement or othenvise,(.�)for injury or damafie to such propen�;or(h)in ruuurcoiun�vith an�•condein��ation for puhlir use or injury• to such pmpert�� or an�' pa�t there�t:or (c) i» cannection with the transactirni finu��ced by the lo��n seru�ed hereby.�or (d) arisin�out of aU causes of artion,whether acc�vin�I�efure or after thc•date oi'this l:eed of Tn�.t, soundinfi in tort or cantract, includin� cause� or action for fraud or concealment of a material fart tobn•t{ier �rith the � srttiriuruts, prucrr�is, aLVafds aud dau�agrs, direct and consequentiai, in connecuoti themwith, are hereby absolutety and irrevoca6ly assigned and shall 6e paid ta I3eneficiary, subject howe�•er to the righ�s of the holder of any prior lien. - Beneficiarv shall be endtled, at its aption,to commence, inte�vene in,appear in and prosecute in its own name,anv action -- ve N��x:rcdii�g,ur cu make any campromise or setttemen�in ronnection with any such taking or damage. Tnistor agrees to ^ execute such further assignments af any compensation, award,damages,rights of acdon and proceeds as Beneficiary may require. The amount received by Beneficiary pursuant to this Deed of Trust under any fire or ather insurance poliry; in connection with any condemnation for public use of or injury to such prapeity,for injury or damage to such propetty,or in conneciion with the eransaction fnanced by the loan secured hereby are to be apptied at the opdon of Beneficiary upon any ' indebtedness secured hereby. No ciuh appllcadon, use or release shall cure or tivaive any default or notice of default hereunder or invalidate any act dane pursuant to such notice. Consent,Partial Reconveyance,Etc.:At any time, or from time to dme,without liability themfor,and without�otice, upon �vritten request of Beneficiary, and without afFecung the personal liability of any person for payment of the �� indebtedness secured hereby.or the lien of this Deed of Tn�st upon the remainder of such property for the Full amount of the indebtedness then or thereaRer,secured hereby or the rights or powers of the Beneficiary of the Trustee�.7th respect to the remainder of such pmperty;T�ustee may(a)reconvey an}•part of such prope�ty,(b)consent to the making of any map or plat themof, (c) join in grandng any easement thereon, or (d) join in any extension agreement or any agreement subordinadng the lien or charge hereof. Fiill Reconveyance:Upon written request of Beneficiary stating that all sums secured hereby have been paid,Trustee shall reconvey,without warranty.the property then held hereunder.The recitals in such reconveyance of any matters of fact sha1)be conclusive pmof af the tntthfulness thereof.The grantee in si�ch reconveyance may be designated:u"the person or persons legally entided thereto".Such request and mconveyance shall operate as a reassignment of the renu,income.issues and profits hereinbefore assigned to Beneficiary. � Right to Collect and Receive Rents and Profits: Notwithstanding any other provisions hereof, Beneficiary hereby grants permission to Truscor to collect and mtain the rents,income,issues and profits of such property as they become due � and payable, b�u reserves the riaht to revoke such pe�mission at any time. titi�th or�ti7thout cause, by notice in writing to Trustor, mailed to Trustor at his last knowr�address.In any event,such permission to Trustor automatically shall be revoked , upon defanit by Maker or Tnistor in payment of any indebtedness secured hereby ur in the performance of any agreement hereunder.On any such default,Beneficiary may at any time without notice.either in person,by agent,or by receiver to be appointed by the Caurt,and without regard to the adequacy of any security for the indebtedness secured hereby,enter upon and take ppssession of such property,or any part thertof. make,cancel.enforce or modify leases; obtain and eject tenants, ; sri c,-r�i��i y;e�ii,; i�� iis own name sue or otheiwise co'liect tne tents,income, issues and pmfits thereof, inclt�ding those � �."� ; past due and unpaid; and apply the same. less costs and expenses of operation and collection, including reasonable . - ; attorney's fees,upon any indebtedness secured hereby and in such order as Beneficiary may detennine;and except for such ' � application. Beneficiary shall not be liable to any person for the collection or noncolte�tion of�ny rents, income, issues or . ° pmfits.for the failure to assert or enforce any of the foregoing tights,nor shall Beneficiary be charged�+rith any of the duties `-; and obligations of a mortgagee in possession.The entering upon and taking possession of such property, the collection of , :� , such rents,income,issues or profits,the doing of other acts herein authorized,and the agplication thereof as aforesaid,shall • "= not cure or waive any default or noace of default hereunder or invalidate any act done putsuant to such notice. � �� _ TnLStee's Sale on Defnul� Upon default by Maker or Tn�stor in payment of any indebtedne3s secured hereby or in } , " ; performance of any agreement hereunder, or any agreement secured hereby, Beneficiary may declsre all sums secured ' hereby immediately due and payable and shall cause to be filed of record a written notice of default and elecdon to sell such � property.After the lapse of such time as then may be required by law following recordation of such notice of default, and r - notice of sale having been given as then required by law,Trustee,without demand on'Trustor,shall sell such propert};either ' Y as a whole or in separate parcels, and in such order as it or Beneficiary may determine at public aucpon to tiie highest ;� � bidder.Trustee may postpone the sale of all or any ponion of such propeny by public announcement at the time and place of sale,and from time to time thereafier may postpone the sale by puhlic announcement at the time and place fixed hy the ;=� ; preceding postponemenG Trustee shall deli�•er to such purchaser its deed conveying the propeny sa sold, but without any • covenant or warranty, express or implied. The recital in such deed of any matters of fact or othenvise shall be conclusive � ' proof of the truthfulness thereof. Any person, including Trustor,7'�vstee or Beneficiary,may purchase at such sale. Trustee ! may also sell at any such sale and as part thereof any shares of corporate stock securing the obligation secured hereby,and � Tttistor waives demand and notice of such sale.(Benef ciar��at its option may also foreclose on such shares by independent pledge sale,and Trustor waives demand and notice of such sale).After deducting all costs,fees and expenses of"I'nistee,and � of this Trust,including cost of evidence of title in connectian with such sale,l'rustee shall first appty the proceeds of sale to payment of all sums expended under the terms hrrrof.nat then repaid,with accrued interest at tl�e rdte then payahle under the note or notes secured hereby, and then to payment of all other sums secured hereby. and if thereafter there be any proreeds remainino,distribute chem to the�erson ar persans le�ally em+tied thereto. Sabstitution of Trustee: Beneficiary may, from time to ame. by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder,which instrument,executed and acknawledged by Beneficiary and recorded in the office �f the register of deeds of the county or counties where such property is situated, si�all be conclusive proof of proper subsutution of such successor Trustee or Trustees, who shall, w�thout conveyan�es from the 'Trustee predecessor,succeed to all its title,estate,rights,power aud duties. � No Waiver by Beneficiary:No waiver by Benefciary•of any right under this Deed af Trust shall be effective unless in • - -�_-_ writing.Waiver by Beneficiary of any right�~anted to Beneficiary under this Deed of 7'rust or of any provis:an of this beed � of Trust as to any trdnsacuon or oavrrences shal: n�t be deemed a waiver as tn any future transaction �,r ocrurrrnces. liy accepting payment of any sum secured hereby after its due date,or hy makinb any payment or perforn�ing any ac�on beh.�li� of �Vlaker or Trustor that Maker or T'n�ct�r wac nhli�a(PCl hpFr��n�lPr, hi�t faile�� t� **ta!:� �r p�:f�:�, or tzy� ;s@c3in�, ast� - � payment so made by Beneficiary to the indeMedness secured hereby, Bene6ciary dors not waive its right to reyuim prompt payment when due of�all other sums so srcured or to reyuire prumpt performance of'aU c.thc•r acrs rPquired hereundrr or t�� 7 � decl:�re a default for faiiure so to pay. � Waiver of 5tatute of�mitadons:'I'ihm is of thc c•sscncr in�II Make•r'ti an�i"1'ni�t��r'<<�hli};ati��nti hrrcutide•�;an�t tn�hr �t c•xtrnt permitted by law, "I'nistor waivrs sill presrnt �r fi�ture� ~tatute� ��f limitatinnc with re•��x•i t t<, :i�n• �1<•ht. eicman�l rn � - - .ihli�ati�>n se�iirr�l he•rehy it� n�iy a�tion r,r ��r�,�re•�1i�i�; f��r the• ��nr�x►5�• �,1 c�it�,ri iny; thi, 'I�uu rn ,i�i� �iy;hi� a�r i�•in�•�1i�� hrtr�uult•r. --- � Inspection and Bwineu Rccords: Rrnrfi�i.uv.�i .+n� �in�r�h��in�;�hr��nunu.iiiu��1 �I��• I in�� n�.�< <•nu•� .�nil �u.�,e•�i ,�.� tiw h E�t��n•itv.�1 .�u} tcawn��hle•tune I�u.tui .iy;��•�•�ili:it in ih�•e•�i•�u.i�i I� n�� •it� i, io��. �� lu•ii•,ilta•i �i��vi Irn ��muni•i�i,�l ��,;+� rn u•�uk•tiUal ini„tne• ��ut�,n��•., wh�•n �t•yurtit�•�1 hv iit•nrfi�ierv, Itn�t��i tti�ll �n��i;��tl� rl�•li�ri in 1{rn��li�i,n� .u� l� �� ntir�l i�� fin,nn i.�l til.�t�•n�rn1� ,on�l �u�dii .inil I��ti� .I.iU�uu•nl� ul �ui i� ��i•� .unl .�i ,u�I� niiri�.il� .i, �n.n lu ��n�r�l I» 14rnrlu�.n� �{�',1� � 1 / `�fe?! 6'�d:�/7. :'s� ,.