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89102895
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Last modified
10/20/2011 2:08:23 AM
Creation date
10/20/2005 9:37:24 PM
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DEEDS
Inst Number
89102895
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I <br />89-- iQ2895 <br />rosawublo Ntarweye' (owes account se soy litlpatlatt which may arisn with lee to this Trust or web reaper, go <br />the indebtolls" "Messed by said note, the protection and ntaintpnance of the property hereinsbero described or in <br />obtalal" possession of saw property after any sale which may be trade w hereinafter provided. <br />L Upon the felt payease t of the indebtedness evidenced by sold two and the interest theraan, an payttsntt of <br />all oiler ears hernia provided for, dhw repayment of all monies advanced or expended pungent to acid Mate or tbb <br />instrtmnt. and sport the psyntrm of all aher proper cot% charpee, commiuions. and expenses, the above am bed <br />property shall be released and reeseveyed to and at the coat of the Truator. . <br />S. Upsw tlofask In say of the covenants or eoditlotts ref this instrument or of the note or loan sRreeMteMt seetSted <br />hereby, the Be 11*011 or bit aat4m may will mot Make and without regard to She adequacy of security fps rho in• <br />tkbtedWM aeetued. Wife persaMally or by attorney or agent without bringing any action or places in& or by a re• <br />ceiver h be sppsiwi by the mark eater Mpan and take possession of said property or any part thereof. end as say <br />alts which Illeo!l;elary disease proper to protect the security hereof. anti either with or without tekiteg pgases isw of <br />said its psi y. collect and receive the rents. royalike, issues. and pronta thereof. including rents geeraed end fungoid. <br />MW apply tbo wear. Itsa sew of op u m Walt sail collection, aeon the ineebtedoese secured by this Dead of Trust. soil <br />rents, rayahift i$@M t and premiss, being hereby aasitptetl to Renefeciary so further security for the peymillst of $Web <br />indebtedness, FASIdes of rights under this paragraph shall tot turn or waive any default or notice *F default here. <br />under or invalidate toy net tone pursuant to stwit notice bill shall be cunhthlstive to any risks and rewedy to teelare <br />a default and to cattle notice of default to hr retec ded so hereinafter, provided. and cumulative,te aapy *thee right <br />and/or ermeiy hereunder, or provided by law. anti may he exerrised concurrently or independently. Expresses in• <br />carted by Beneficiary hereunder including reasonable atturnd•its' ret•s shall Iwe eecurrtl ke.mby, <br />4. 7%lruatgrc*veftnta and agree6 Shot if he shall fail to pay said Iudekednes , or any part thereof. wbea <br />doe. air abt1M fail to perfmas any covenant or agreement of this instrument or of the promissory Mote ammed hey. <br />the entire indebtedness hereby secured aholl immediately become clue. payable. and caMmOble as <br />She iq.tion of the Rewficia►y or saaiank regactlh•sa of maturity. acre elm Hetteftciary or sasignm may enter upon @@0 <br />propeeey and collect the rents and profits thereof. Upon such dorault in payment or performattew and before or <br />after ahem entry. the Trustee. setinn ire, the etrcumieft of this Trust$ after the notice of default has <br />been recorded, shall craft a copy of the default to each person who is a party <br />to this instrument, at the address set out in this instrument, as well as to any person, who <br />lu�w r,Antiwtatwrl an notfce- of default and notice of sale by recording maid r- -qu -rt. for. .. ..i <br />--Y 1 ••tf M.tM..�• v� t.Sir�� ec <br />with the register of deeds in the county in which this instrument is recorded, and after <br />the lapse of time which its required by law after mailing the notice, the Trustee shall have <br />the power to sell said ptoperty,-and it shall be the Trustee's duty to sell said property <br />.(and in case of any defatilt of any purchaser, to resell) at public auction, to the highest <br />bidder, first giving five weeks' notice of the time, terms, and place of such sale, by <br />advertisement not less thaw once during each of said five weeks in a newspaper published or <br />distributed in the county or political suidivision in which said property is situated, <br />land the Beneficiary or any pernan on behalf of the Beneficiary may hill and purchase. at such sale). Such <br />seer will be meld at a suitable place to be selected by the Beneficiary within said county or political subdivision. The <br />Trustee is hereby autherited to execute and dAvrr to the purchaser at much sale a suNiieient conveyance of said prop <br />prow. which conveyance shall contain reeitals so to the happening of a default upon which the execution of tie power <br />of sale herein granted depends. and the sold Truetothercby constitute* and Appoints the Trustee an his agent and <br />attoroey in fact to make such retilish and to execute raid con•seyance and hereby covenants and agrees that the ee• <br />ritals so made shall be binding and conclusive upon dwTrustor and said MVhveyance shall be effectual to bar all <br />equity or right of redemption. homestead. dower, right o.f opprai*entral, and 111 other rights and exemptions of the <br />Trustee ell of which are hereby expressly waived anti convened to tfw Trustee. In the event of a sale, an herrinabave <br />provided. the Trustoro any person in peas" Won under titeTrustaX shall then become and be tenants holding <br />ewer and shall forthwith deliver pomeasioss.to the purchaser at such stile or be summarily. dispaasesaed. in aeeardsae' <br />with the provisiurr.of low applicable to tenants holding over. The power and agency hereby granted are compiled <br />with an interest sad are ineveeable by death or otherwise. and are granted so- cumulative to all other ewe lee for <br />the eF 0 tiw of said' imdob"6ma The Reaciciarr or Amiga@ may take stay other appropriate aetioa ptrtuaat to state <br />w lcederal aatulo e4w is stale of Federal court or otherwim foe the dispoei" of the property. <br />S. 18 the *vend Of a MIe as pr*visled is psraRrapk 46 the Trustee shall be paid a fee by the Bsrlleiary in an <br />smrtuat as in excess of percent of the areas amount of said mole or sale's. provided. however. drat the sentient <br />of math fie. shall be, rewnablei and shall be approved by the Renefiriary as to reasonableness. Said fee shall be in adddi• <br />bete So the ewe said expanses incurred by doe Truett in conducting web sole. The amount of such earls and expenses <br />shall be deducted and paid from else wets proceeds. it le further agreed that if said property shall be advertised row sale <br />sa iserfin provided and am said. the Trustee shall by entitled to a reasonable fee. in an amount sereptobhr to the Bene. <br />Atiary for the services so rendered. The Truster shall duo he reimbursed by the Beneficiary for all costs and expenses <br />iweurred in eowattetiaw with the advertising of said property for sale if the sale is not consummated. <br />L The pr.ea.I Of any sofa of mid preprrly in accordance with paragraph a shall be applied Rot to payment <br />*1 feew, tooth, and expeswm of said sale, the expenses, incurred by the Beneficiary nor the purpose of protesting or <br />mmimbisittg said property sad ro N - ace atteraeya' 16141: art IY, to payment of the indebtedness secured hereby: <br />MA thirdly. to pay say surpias ar as"" to the person or penow legally eatiticd thereto. <br />y. In the event said properly is sold pursuant to the suthorisatinn contained in this instrument or at a judicial <br />fornelaaure sole and hho praleeds are not sAwieee to pay the total tndehtedns as secured by this instrument and <br />*visdsu4d by acid pre■iittsery nose. the Beneficiary will be ent ded to a drririeoey judgment for the amoonl of the <br />.trftru,.ry witlsouh restard to souraisernent. dlsrTt u'a t"'lea.,no wastrel anti aastanrd all rtshis of appraisement to the <br />it <br />h� <br />W <br />• :a <br />__j j <br />
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