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I <br />9�- 10292 7 <br />1. This conveyance is made upon and rubjeet to the ftsnlsn ttuat that the aaW T r 1+, r o khan remain in qU6 tad paaMbk <br />posatulas of the above granted and described peemisas aM tape the profits titaseof to Alai on use utgll detak M Made <br />is any payment of an installment due on Bald note or in the perfort SAN of arty of the Casa"M or coaditloaa o"silned <br />tho da or is %hits Deed of Treat: and. also to secure the minbursenleat of the 1krafMwy or arty other holder of said <br />ante, the Trustee or any substitute trustee of any and all coos and expetaea incurred. Including reasonable attot'uey's fen. <br />on account of any litigation which may arise with respect to this Trust or with respect to the ittdeMW"ns rvideaced by <br />said notc the protection and maintenance of the property ber inabove do icnbed or in obtaining possession of said property <br />after any laic which may be made as hereinafter provided. <br />L Upon the full payment of the indebtedness evidenced by said wet and the interest thereon. the paym"t of aril other <br />sums herein provided for, the repayment of all monks advanced or expenQed pWnvant to said note of this has event, <br />and upon the payment of all other proper emu, charges, commissions, and expenses, the above descnibed property shall <br />be released and reconveyed to and at the cost of the T i us t +, + . <br />3. Upon default in any of the cvn�cnants or conditions of tills instrument or of the *kit at team agreement seeuted <br />hereby. the Beneficiary or his assigns m y without notice and withont regitrd to the adequacy 0 near MIly for the indebtedness <br />secured. eitbrer yemnally or by attorney or agent without Wagitng any action or proceeding, or by a rectivar to be cep <br />pointed by ft court. enter upon and take possession of said property or say part thereof, &and do any arts which lhendkWy <br />deems proper to protect the security hereof, and either with or without taking possession of said property, co0eet and <br />receive the rents, royalties. issues, and profits thereof. including rents accrued and unpaid, and apply the same, test costs <br />of operation and collection. upon the indebtedness secured by this Deed of Trust. raid rtsst'.s, royahiei. issues, and profits. <br />being hereby assigned to the Beneficiary as further security for the payment of such indebtedness. Exercise of rights under <br />tleis paragraph shall cot cure or waive any default or notice of default hereunder or invis idue any act done pursuant to <br />cads notice but shall be cumulative to any right and remedy to dodo e a default and to cause Bonier of default to be re. <br />ca$vd as hereinafter provided. and cumulative to any other right andlor remedy hereunder, or provided by law, and <br />may be cwLised concurrently or independeatty. . Expenses incurred by Beneficiary hereunder including reasonabk attomey's <br />fees shall be secured hereby. <br />4. The covenants and agrees that if he shall fatil to pay said iaietedness, Of any past thereof, when due, <br />or shall fail to perform any covenant or agreement of this instrument or of the praraiizsorY tote secured hereby, the entire <br />, <br />indebtedness; hereby secured shall immediately become due. payable. and collectible at the option of the <br />Senefidarp or assigns, regardless of maturity. and the Beneficiary or assigns may enter upon said property and collect <br />elm limp. a$v prvitu ihcrcoi. upon such default in payment or ptefortnam. and before or after swb entry, the Trustee. <br />acting in the execution of this Trusts ',,If thy- rotiee of default has been recorded, sfi:all avail a <br />copv c•i ;'+e def ,ult to c•arh r <br />rson who is , <br />N . patty to this instrument, at the address set <br />out in this instrumt•nt, a, wrl l ,,ti to any pe.r,; n who has requested any notice of default <br />and nt.t1, tr •f sa:c by recording said requc•-t frr notice with the register of deeds ,iirs the <br />count.• in which this instrument is recorded. and after the lapse of time which is required <br />by law -n.,lling <br />. <br />T� <br />,ftt•r the iV•tice•, till- rt—fee ,hail have'the p,twer to .e11 s.iid property, <br />and it .11.,11 be, th. Trustee'~ duty tt• bell :.aid prt•prrty .(.and in case of any default of <br />any punt h.,tirr, to re•;el1) it puhl is .,urtl•!n. to the highest bidder•.. first giving five <br />week.' not ire .•t tht• rim.•, terms, +nd plat.- .,f tiuch y.ale. by ddverttsement not less than <br />met 'list 1111; r u h -t •.a1d r ivv we'•ks in a newspaper published or ,di:gtributed in the county <br />err p-1 at tt'.'1 - 1hd1vi•.i.,n in wham+ maid pr. perty +, situated, <br />(and the Beneficiary or any person on behalf of the Beneficiary may <br />lr1 <br />bid and purchase at such sale). Such sale will be held at a suitable place to be selected by the Benefciary witlsiin said county <br />or political subdivision. The Trustee is hereby autbOdZ d to execute sad deliver to the purchaser au such sale a suftkico <br />conveyance of said property, which conveyance shall contain recitals its to the happening ot..default upon which the UAW <br />Lion of the power of We herein granted depends: and the said Tttistor hereby eonstitures and Trustee as <br />his agent and attorney in fact to make such recitals and to execute said cook <br />veyttaoe and hereby covenants and agrees that <br />tie recitals so made shall be binding and conclusive upon the Ttus U,r , and said conveynam shall be effeaud to bar all <br />equity or right of redemption. homestead, dower. right of appr=ise M. sad all other rights tad atempdom of the T rus tot <br />all of which are hereby expressly waived and conveyed to the Trsxstee. in the event of a sale as bereinabove provided. <br />the Trtrsr' r or any person in possession under the : 1 =.ter, SW then become and be teltratKS lsoiaitg over and shall <br />forthwith deliver possession to the rvrchaser at suds We or be summarily dispossessed, in aCalydanoe with the provisions <br />Of taw applicable to tenants holding over. The poses and agency hereby panted are cavpW with an interest std <br />we <br />irrevocable bydeath or ottie `:.ise, and ax ttanited as cumulation to aH othef remedies for file cofttift of said indebtrdaesa. <br />The Benefuiary or Assigns may take arsy other appropriate action pursuant to state or Federal statute either in <br />state or <br />Federal court or otherwise for the disposition of the property. <br />-1- <br />M <br />P� ro <br />L �� <br />