-2-
<br />,.009818
<br />IRUSTOR covenants and agrees that a failure to make.any payment, eithe,r.'principal
<br />or interest ;n the note secured hereby when due and �Aysble,',6r*a failu're to com-
<br />ply "'ith any of the foregoing.covenants and a�reements, shall cause -the whole
<br />sum 'of money hereby secured to become due and,c6llectible-at once,at the option
<br />of the BENEFICIARY, and BENEFICIARY shall have -.the right to cause Notice of
<br />Default to be.given and the premises to be sold as provided herein.
<br />It is mutually agreed that:','
<br />(I). At any time and fron'time to time upon written request of BENEFICIARY,
<br />payment of,its fees and presentation of this Trust Deed and the note for
<br />endorsement (in'case-.of full reconveyance, for cancellation -and retention), -
<br />without affecting the liability of any person for the payment of,the in-
<br />debtedness TRUSTEE may (a) consent to the'making of any -nap or il t of
<br />p a
<br />said property; (b) join in granting any easement.or creating a . ny�restr'iction
<br />thereon; ' c) join in an ' y subordination or other agreement a-ffe'ctl'ng this
<br />Trust Deed :)r the lien or charge thereof; (d) reconvey, without warranty,
<br />all or any part of said property.
<br />(2). the grantee in any reconveyance may be described as ".the I person o -r pers-)n-,
<br />entitled thereto," and the recitals therein of any matters or fac?ts.shall
<br />be conclusive proof of the truthfulness thereof.
<br />k 3). Upon default by TRUSTOR 'in ' the payment of any -indebte-iness 'secured hereby
<br />or -in the.performance of any agreement hereunder, BENEFICIARY maydecla-e
<br />all sums secured hereby immediately due and payable by delivery tb n USTEE
<br />of written declaration of default. If BENEFICIARY desires said property to
<br />be sold, it shall depo- ' sit with TRUSTEE this Trust Deed and all:promiss-)ry-
<br />notes and documents evid.encinF. expenditures secure -d hereby, and shal . I de-
<br />liver to TRUSTEE a written notice of default and election tn cause said
<br />property to be sold, and the TRUSTEE in tur ' n shall prepare a similar Nntice
<br />in the form required by law, which shall be duly filed for recor&by TRI*STEE.
<br />(a) After the lapse of such time as may be required by'law following the re -
<br />c ordation of said notice of default, and notice 'of default 'and no.tice of
<br />sale -having been given as required by law, TRUSTEE, without demand on
<br />TRUSTOR, shall sell said property on -the date and at the time an&place
<br />designatedlin said notice of sale, at public auction to the h-ighest' bidder,
<br />the purchase price payable in lawful money of the United States at� the
<br />time of sale. The person conducting the sale may, for any c�aue, I he dee-.is
<br />expedient, postpone the sale from time to time until i.t shall be completed
<br />and, in every such case, notice of postponement*shall be given by -public
<br />declaration thereof by such person at the time and place last appointed
<br />for the sale; provided, if the ' sale is postponed for longer than one rl',
<br />day beyond the day designated in the notice of sale, notice there6f shall
<br />be given in the same manner as the original notice of*sale. TRUSTEE'SHALL
<br />execute and deliver to the purchaser its Deed conveying said property so -
<br />sold, ' but without any,covenant or warran-y, express or implied. The re-
<br />cital ' a in ' the Deed of any matters or facts shall be'co"nclusive proof of
<br />the truthf ' illness thereof. Any person, including BENEFICIARY, mayipurchase
<br />at the sale.
<br />(b) When TRUSTEE sells pursuant to the powers herein, *TRUS'TEE shall a�ply-the
<br />proceeds of the sale to payments of the costs and'expenses of exe7cising
<br />the power of sale and of the sale, including the payment of TRUSTEE'S FEES
<br />actually incurred, which 7RUSTEE,!S FEES shall not in the aggregate exceed
<br />..the following amounts based upon the amount'secured hereby and remaining
<br />unpaid; 5 per centum on the first $1,000 thereof,..05
<br />per centum on the
<br />balance thereof; and then to the items in subparagraph' (c) in the'order
<br />there stated.
<br />(c) After paying the'items specified in subparagraph (b) if the' sale,
<br />is by
<br />TRUSTEE, or the proper court'and other costs of fore6losure and saie if
<br />sale is pursuant to Judicial foreclosure, the,proceeds of sale shall be
<br />applied in the order stated to the payment*of:
<br />-(l) :.Cost of any evidence of'title procured in connection with such sale
<br />and of any revenue stamps;
<br />2) All sums then secured hereby;
<br />(3) -The.remainder if�anyp to the person or persons I . egally entitled -
<br />thereto.
<br />
|