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F <br />.p t <br />Y <br />y <br />1 <br />i <br />if <br />L <br />c'r <br />ag— A00792 <br />r!fi►yss� ;t ansferred or further encumbered without the etspreas or written consent of Beneficiary, <br />__ _ suneficlasy may, at its eels option, declare all sums secured by this Deed of Trust to be immediately <br />due and payable and proceed to the comedies available to it under this default provisions contained <br />hotels. <br />It. events of Default. Any of the Following events shall be deemed an event of default bereundmrs <br />(a) Trustor. Shall have failed to sake payment of any Installment of interest, <br />Principal of Principal and interest or any other must secured hereby when due ;. <br />(b) There has occurred a breach of at default under any term, covenant, <br />agreements condition, provision, representation or warranty contained in this Deed <br />Of Trust, the tats or any other loan Instrument secured hareby; <br />(c) There has been a default by the Tcustor in the payment of any prior or <br />subsequent lien or encumbrance in respect to all or tray part of the property; <br />(d) Trastor shall file a voluntary petition in bankruptcy or shall be adjudi- <br />cated bankrupt or insolvent, or shall make an assignment for the benefit of creditors <br />is respect to the property; or an action to enforce any lien or encumbrance, or judg- <br />vents against the property is commenced. <br />12. Acceleration upon Default. In the avant of any default. Beneficiary may declare all ind4nesa <br />secured hereby to be duo and pal —Wis, mad the same shsl: W,,p thereupon become due and payable without FNt <br />Presentment. dema",ifprotest 6i-1 4&4q* of a ,kind. The-raMter, Beneeficiary may: <br />faP:::n ar in `. msen ;?ac. bli aiont. with e'}t .t out; tits Bing.any action at rp- <br />comilly. err' . acriir :' a: bj a court''miad' cJ:ihra<rE s std to tfie adequar •acR <br />slay! piteesri «w� edict. Upon' Ib` G�Miilik. •pomsesa4om£.. #:'€ pragii'cw,; or .sty ;peat theiafn <br />YU:s own:=slunk'•or,in ettxwil io of the Trustee ; add­ do anti•.ial=ts which•ti¢ deemp'moressary <br />web atislrnbt ,zo preset >2te'tita the propwizy.•, or <br />pyft thereiotF • tnte:ras;2, choretn, 16arease the faces* tbewrziraiR or protect the Ae=lty <br />h�re!of cede wurehout tik$zX posa4easrfr2+r9 of the property. �r:�': V - . c _thamr•Sac c allrct tit <br />rents, issues and profile Xhereof,'Aneluding those past 4;p -.;a-ad unpaid, and apply the <br />sass, less costs and esrpfaraes of operation and e;AUzzlices' istcluding attorney teasq upon <br />any Sndebtadaess secturegi hereby, all in such ara3is rs Beoefieisry may detormins. The <br />e rzering upas aisd taking possessicis.-of the ttr42 ieaitate, kdve collection of sueb rants, <br />Issues and ;tc alta end- application Vh*r roof as aforesaid shlaut. not cure or waive. any de- <br />fault of a►Mvae'of default hereunder m$'rinvalidate any act•aima in response to amb de- <br />faelt or psrw sst to such notice of OtImult asuif,. a notwithittaitding the continuance in <br />poss"alte ©f the property or the collation. mw elpt and application of cents, issues <br />of profits, Trustee or Beneficiary may be ontitled to exercise every right provided for <br />in any of the loan instruments or by law upon occurrence of any event of default, in- <br />cluding the right to exercise the power of sale; <br />(b) commence an action to foreclose this Deed of Trust as a mortgage, appoint <br />s receivero or specifically enforce any of the covenants hereof; <br />(c) deliver to Trustee a written declaration of default and demand for eels, <br />sad IS written notice of default and election to cause Trustor'a interest in the property <br />to be sold, which notice Trustee shall cause to be duly filed for record in the official <br />records of the county in which the property is located. <br />19. foreclosure by power of Sale. Should Beneficiary elect to foreclose by exorcise of the power <br />of sale heroin contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of <br />Trust sed tho note and such receipts and evidence of expenditures made and secured hereby at Trusses <br />way require. and upon request of the Beneficiary, the Trustee shall file for record, in the Register <br />Of Deeds office in the.C7omnty where rho property is located, a notice of default, setting forth the <br />mays of the Truttor, the Book and page or Document No. of this Dead of Trust as recorded in said <br />Register of Deeds office. the legal description of the above - described real estate and that a breach <br />of an obligation. for which said real estate was conveyed as security, has occurred, and setting forth <br />the nature of such breach and the Trustee's election to sell this real estate to satisfy the obligation; <br />lend after the Ispee of not leas than one (1) !month, the Trustee shall give written notice of the time <br />is nd place of sale which may be between 9 :00 *,se, and S p.m, at thm premisesp or at the Courthouse in <br />•t he Coatty wherein such property is located„ $ascribing the property to be sold by eta legal descrip- <br />tion. said notice to be published in a ne:ws;vor of general circulation in the pct -acy wherein such <br />property is located. once a week tot five 4bp consecutive weeks, the last publEcatioe to be at toast <br />ten (10) days. but not wore than ch:vty (SAIL days. prior to the sale; and the Trustee shall then sell <br />said property at the ciao and plats designated in the notice. in ekemaanner provided by law in effect <br />as the time of filing,seid notice, at public auction to the highest 1 :14der for cash and shall deliver <br />M6 such purchaser a d *ii to the property sold. consistent with the hate in effect at the time. <br />Upon receipt of the price bid,•. Trustee shall deliver to the purchase. Trusustee'a deed convoying the <br />Property sold. Recitals in the Trustes's deed shall be prima facie evidence of the truth of the state - <br />seats made therein. Trustee shall apply the procesde of this sale in the following orders (a) to all <br />reasonable costs and expenses of the sale, Including but not limited to. Trustee's fees of not more <br />than 3.0 X of the gross sale price, reasonable attorney fees and costs of title evidence; (b) to all <br />sump secured by this Deed of Trust; and (c) the excess, if any. to the person or persons legally en- <br />titled thereto. Any person, Including Beneficiary, my pu:achass said property at said sale.! <br />The person conducting the sale may, for any. cause he or she deems expedlart, postpone the sale from <br />time to tIMOuntil AtAball bs completed and„ in every'sueh ease, maafea of postponement shell be given <br />by public dectatitttcim tj4reof by such perecls•''4 the time and place last appointed for the esle; pro- <br />tdided, if the' isle nisi pautponed for longer oiws one (1) day beyond the date designated in Rho notice of <br />,:*also notice tbe'ze4V 1ftm41 be given to the twee manner as the original notice of sale. <br />16. Bmewlse 04 txclwive., Tgutaeyn,i1J#d Beneficiary, and each of them. Otall be entitled to an- <br />force paywast sod perrtormence of .any, 1114 lttatnese or obligation secured hereby.;ad to exercise all rigMs <br />lned powers under tkis Resd of Trutt, or uinti►r • y loan Instrument or other agreement at sera laws now or <br />P►sreafter ewtoreed, M1641thsta4411ng tone Cr Alt of the indebtedness and obligations seeuTwd hereby <br />which sty now or hereatter be otherwise secured, whether by mortgage. deed of trust. eled*tt lien, smtm- ,- <br />vent Of othswiso. Reuther the acceptance of this Deed of Trust nor its e!nforceeen:. whether by court <br />action Of pursuant to the power of sale or other powers herein contained, shall prejudice or in any <br />manner affect Trustee's or Beneficiary** right to realfae upon or enforce any other security now or here - <br />attar held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and etch of thew. <br />shall N entitled to enforce this deed of Trust and any other security now or hereafter hild by the Bene- <br />ficlary or Trustee in such order and manner as they, or either of them. may to their absolute discretion <br />determine. No remedy heroin conferred upon or reserved to Trustee or Beneficiary is intended to be ex- <br />clusive of any other remedy herein or by law provided or permitted. but each shall be emulative and <br />shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in <br />equity or by statute. Every power or remedy given by any of the loon instruments to Trustee or Bene- <br />flCfsry Or to which either of them may be otherwise entitled may be exercised, concurrently or Indepen- <br />deetiY. from else to tia,e and as often as say bar deemed expedient by Trustee or Beneficiary. and either <br />Of them may pursue Inconsistent remedies. Nothing herein shalt be construed as prohibiting Beneficiary <br />9900 seeking a deficiency Judgment against Trustor to the extent such action is pomitted by law. <br />-2- <br />.x <br />H <br />t' <br />n <br />� z <br />