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<br />is sold, transferred or further enensahered without the express or written, cosaent of Beneficiary.
<br />Beneficiary nay. at its sole option. o'eclera all suss secured by this Used of Trust to be lsoedistely
<br />due and payable and proceed to the remadfes available to it under the default ptbvislomn eOut-sifed
<br />herein.
<br />11. F_vents of Default. Any of the following events shall be deemed at event of default harsmnder:
<br />(a) Tractor shall have failed to make payment of soy installment of interest,
<br />principal or principal and interest or any other suss secured hereby when due ;.
<br />(b) There has aecurred a breach of or default sender any term, covenant,
<br />agreement. condition. provision, representation or warranty contained to this Deed
<br />of Trust, the note r:: any other loan lastrument secured hereby;
<br />(c) There han been a default by the Tractor to the payment of any prior or
<br />subsequent lien or en, :sabrance in respect to all or my part of the property;
<br />(d) Trustor shall file a voluntary petition in banlruptcy or shall be adjudi-
<br />cated bankrupt: or insolvent, or shall make an assignment for the benefit of,creditors
<br />in respect to the property; or nn action to enforce any lien or encumbrance or judg-
<br />ments against the property 4s commenced.
<br />12. Acceleration Upon Default. In the event of any default. Beneficiary may declare all indebtedness
<br />secured hereby to be due and psysble, and the same shall thereupon become due and payable without any
<br />prazentment, demand, protest or notice of any kind. Thereafter. Beneficiary may:
<br />(a) either in person or by agent, with or without bringing any action or pro-
<br />ceeding, or by receiver appointed by a court and without regard to the adequacy of
<br />any security, enter upon and take possession of the property. or any part thereof.
<br />in its own name or fin the name of the Trustee, and do any sets which it deems necessary
<br />and desirable to prieserve the value, marketability or rentability of the property. or
<br />part thereof or interest therein, increase the income therefrom or protect the security
<br />hereof and, without taking possession of the property, sue for or otherwise collect the
<br />rents, issues and profits thereof, including those past due and unpaid. end apply the
<br />same. less costs s.1d expenses of operation and collection, including attorney fees, upon
<br />any Indebtedness secured hereby, all in such order as Beneficiary may determine. The
<br />entering upon and r.sking possession of the trust estate, the collection of such rents.
<br />issues and profits and application thereof as aforesaid shall not cure or waive any de-
<br />fault or notice of d<-fzult hereunder or invalidate any act and in response to such da-
<br />fault or pursuant to such notice of default and, notwithstanding the continuance in
<br />e.
<br />possesalon of the property or the collection. receipt and application of rents, issues ,
<br />or profits, Trustee or Beneficiary may be entitled 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 exerclsa the power of sale;
<br />(b) commence an action to foreclose ^his Deed of Trust as a mortgage. appoint
<br />a receiver, or specifically enforce any of .he covenants hereof;
<br />(c) deliver to Trustee a written declaration of default and demand Tor sale,
<br />and a written notice of default and election to cause Trustee's 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 1s located.
<br />13. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of the power
<br />of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of
<br />Trust and the note and such receipts and evidence of expenditures made and secured hereby as Trustee
<br />isay require, mud upon request of the Beneficiary. the Trustee a1a11 file for record, In the Register
<br />of Deeds office in the Consity where the property is located, a notice of default, setting forth the
<br />name of the Trustor, the Book and P.mge or Document No. of this Deed 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, ties occurred, and setting forth
<br />the nature of such breath and the Trustee's election to sell the real estate to satisfy the obligation;
<br />and after the lapse of not less than one (1) month, the Trustee shall gave written notice of the tin
<br />end placz of sale which any be betwe— g:Q^_ a.a. and 5 p.m. at the premises. or at the Courthouse in
<br />tl:t Con,. -,ty wherein such property is located, describing the property to be sold by its legal descrip-
<br />tion, said notice to be published In a newspaper of general circulation in the County wherein such
<br />property is located, once a week for five (5) consecutive weeks. the last publication to be at least
<br />ten (10) days, but nut more titan thirty (30) days, prior to-the sale; and the Trustee shall than sell
<br />said property at the time and place designated in the notice, in the manner provided by law in effect
<br />at the time of filing said notice, at public auction to the highest bidder for cash and shall deliver
<br />to su.:h purchaser a deed to the property sold, ennsistent with the law in effect at the time.
<br />Upon receipt of the price bid, Trustee shall deliver to the purchase. Trustee's deed conveying the
<br />property sold. R-Itals in the Trustee's deed shall be prima facie evidence of the truth of the state-
<br />ments wade therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
<br />reasonable costs and e- _. ^._es of the tale, including but not limited to. Trustee's fees of not more
<br />than y0 X of 0- gross sale price, reasonable: attorney fees anal costs of title evidence; (b) to all
<br />suns secured by this Deed of Trar; and (c) the excess, if any, to the person or persons legally a u-
<br />titled thereto. Any person, including Beneficiary, may purchase said property at said sale.
<br />The person conducting the sale may, for any cause tie or site deems expedient, poatpone the sale from
<br />Lime to ;ime until it shall be completed and, in every such case, notice of postponement shall be given
<br />by public cleclaration thereof by such person at the time and place last appointed for the sale; pro-
<br />vided, if the sale is postponed for longer than one (1) day beyond theb date designated in the notice of
<br />sale, notice thereof shall be given in the same manner as the original notice of sale.
<br />14. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to en-
<br />force payment and performance of _ny indebtedness or obligation secured hereby and to exercise all rights
<br />and powers under t 1a Deed of Trust or under any loan Instrument or other agreement or any lave now or
<br />hereafter enforce. notwithstanding some or all of the indebtedness and obligations secured hereby
<br />which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assign-
<br />ment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sale or other powers herein contained, shall prejudice or In any
<br />Banner af.ect Trustee's or Beneficiary's right to realize upon or enforce any other security now or here-
<br />after held by Trustee or Beneficiary, it being agreed that Truaztea and Beneficiary, and each of them,
<br />shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Bene-
<br />ficiary or Trustee in such order and manner as they, or either of thee, may In their absolute discretion
<br />determine. No remedy herein 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 cumulative 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 say of the loan instruments to Trustee or Bene-
<br />ficiary or to which either of the■ may be otherwise entitled may be exercised, concurrently or Indepen-
<br />dently, from time to time and as often as ury be deeeted expedient by Trustee of Beneficiary, and either
<br />of them may pursue inconsistent remedies. Nothing hetefn shall be construed as prohlblLing Beneficiary
<br />from seeking a deficiency judgment against Trustor to the extent such action is permitted by law.
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