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-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 />