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r <br />L <br />I <br />r . 89 102936 <br />I <br />I@ sold, transferred or further encumbered without tits express or written consent of Benafleiary, <br />Bensficlary says at its sole option. declare all sums secured by this Deed of Trust to be immediately <br />due and payable and proceed to the remedies available to it under the default provision* contained <br />herein. <br />11. &vents of Default. Any of the following events shall Ito deemed an event of default heroutdert <br />(s) Trustor shall have tailed to sake payment of any installment of Internet, <br />principal or principal and interest or any other sums secured hereby when duet. <br />(b) There has occurred a breach of or default under any tens. covenant, <br />agreement, condition, provision, representation or warranty contained in this Dead <br />of Trust, the note or any other loam Instrument secured herebyl <br />(c) There has been a default blt the Trustor In the payment of any prior or <br />aubsequont Item or encumbrance in respect to all or my part of the property& <br />(d) Trustor shall file a volothtery petition in bankruptcy or shall be adjudi- <br />cated bankrupt er lnsolwtnt, or @hall sake an assignmewt for the benefit of creditors <br />In respect to tU property; or an actaos to saforce any lien or encumbrance or judg- <br />maats against ¢its property is eoewenced. <br />It. Acceleration Upon Dufaut.t. In the event of any default. Beneficiary may declare all Indebtedness <br />secured hereby, to be due and payable, and the seats @hall thereupon become due and payable without any <br />pressataest, deemed, protest cc notice of may kind. Thereafter, Beneficiary 011171 <br />(a) either In person or by sgtat, with or without bringing any action or pro - <br />ceedi ng, or by receiver appointed by a court and without regard to the admguecy of <br />any security, enter upon amd-tale possession of the property, or any part thereof, <br />in its sow aame or In the traase•oil the Trustee, and do any acts, which it deeaw necessary <br />mad desirable to proservre•0.6 hint"; morkstabillty or rentability of the prepsrtyo or <br />pert thereof or Interest -thertrla•,: tAcroase the Income therefrom or protect the @scuraty <br />hereof and, without taking poisesebrm of the property, sue for or otherwise collect the <br />rents. Issues and profits thereof.'•Ctieluding those past date and unpaid, and aptly the <br />same. less coats and expenses of operation and eollectloa, including attorney toes. upon <br />any Indebtedness secured hereby, all In such order as Beneficiary salt datsstetne. The <br />entering upon and taking possission of the trust estate, the eollection of such rents. <br />issues and profits and application thereof as aforesaid Shall not cut or vairo arty de- <br />fault or notice of default hereunder or invalidate any set and In response to amik de- <br />fault or pursuant to such notice of default and, notwithstanding the eoatlnusaea•tm <br />possession of the property or the collection. receipt and application of rent!. issetas <br />at profits, Trustee or ReaeftcioxT may be entitled to exercise every right providad•for <br />is any of the loan instruments or by law upon occurrence of any event a.! default. In- <br />cluding the right to eiterclse that pour of Sale; <br />(b) cemeasegs an action to foreclose this Deed of Trust as a mortgage. appoint <br />a receiver, or specifically enforce any of the covenants hersot; <br />je) titriiiroa av Ti..,i`s�6 .. :tt :» l..-alCr 2 :� of deft u -t —ta .1eMMn.l for @01@4 <br />and a written notice of default and election to cause Trustor`e interest in the prmpart7 <br />to be sold, which notice Trustee shall cause to be duly tiled for record in the official <br />records of the county In which the property Is located. <br />13. foreclosure by power of Sale. Should Beneficiary elect to .foreclose by exercise of the power <br />of sale "refs contained. satisfactory shall notify Trustee and shall. deposit -Vith Trustee this Dead of <br />Trust acrd the note sad such receipts and evidence of expenditures made *ad secured hereby as Trustee <br />say require. and upon request Of the satisfactory, the Trustee shall file f6r.record, in the Register <br />of deeds office in the county whate the property is located. a notate of default. setting forth the <br />nano of the Trestor. the Book aei.,tage or Document No. of this Head air Trust sip recorded in said <br />Register of "*as office. the legal descrfptaon of the above- desertbeij real estate and that a breach <br />of an obligation. for which said.�Fosl estate was conveyed as security, has occurred. aadi �ettang forth <br />the nature of such breach and tUa� Trustee *$ election to sell the real estate to,ististr the obligation& <br />and after the lapse of not less than one (1) month. the Trustee shall gave writtemT109ats of the time <br />and place of wale which ry be betveen 9:00 a.m. and S p.m. at the premises, or at the Cpucthou@s in <br />the County wherein such property to 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 to located. once a week for five (S) consecutive weeks, the last publication to be at least <br />tam (10) days. but not sore than thirty (30) days. prior teethe sole& and the Trustee shall then sell <br />uad property at the time and )slats designated In the notice. an the manner provided by low as affect <br />at the tams of tiling said notice. at public auction to the highest bidder for cash and shall deliver <br />to such pureloamer a dead to the property sold. consistent with the low to effect at the tame. <br />Upam receipt of the price bad, Trustee @hall deliver to the purchase. Trustee's deed conveying the <br />property sold. Recitals In the Trustee's dead shat'. be prima facts evidence of the truth of the stata- <br />meeta made therein. Trustee ataLl apply the proceeds of the sale in the following orders (a) to all <br />ressemsble tests and expenses of the sale. Including but not limited to. Trustee's fees of not more <br />tbsm 2.0 X of the gross sale price. reasonable attorney tees and costs of title evidence; (b) to all <br />sums secured by this Dead of Trust. and (c) the excess, at any, to the person or persons legally en- <br />titled tlwcate+. Any person. including Beneficiary. may purchase sold property at amid sale. <br />The person conducting the sale may. for any cause let or the deers expedient, postpone the sale from <br />state to tar until at shall be completed and. in every such case. notice of postponement shall be gives <br />by public declaration thereof by such person at the titer and place last appointed for the Salo; pro - <br />vided. at the sale as postponed for longer than one (1) day beyond the date designated in the notice of <br />sale. settee thereof shall be given as the saes mariner as the original notice of sale. <br />14. Resedire Not Lxclusive. trustee and Beneficiary. and each of them. shall be entitled to en- <br />force payment and performance of any Indebtedness or obligation secured hereby and to exercise all rights <br />maid powers unvior this Dead of Trust or under any loan instrument or other agreement or any laws now or <br />hereafter enforced, notwithstanding none or all of the Indebtedness and obligations secured hereby <br />which may stow or hereafter be otherwise secured. whether by mortgage, deed of trust. pledge. lien. aasfgn- <br />meet or otherwise. Neither the acceptance of this Dead of Trust nor its enforcement. whether by court <br />actlea or pursuant to the power of sale or other powers herein contained. shall prejudice or In any <br />ratter offset Trustee's or Benetielsry's rlltltt to restate upon or enforce any other security now Or hee@- <br />after held by Trustee or Beneficiary. It being agreed that Trustee and Beneficiary. and each of them. <br />shall be entitled to enforce title Deed of Trust and any Olivet security now or hereafter held by the bene- <br />fieisry ui Tcooz a l.i such order and menner ate they. or either of thew, may In their absolute dfscratlon <br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary to Intended to be en- <br />eiwalve of any other remedy Itertln or by law provided or permitted. bttt each aball he cumulative and <br />Shall be to addition to every other remedy Riven hereunder or now r,r hereafter existing at low or In <br />egwlry or ►y statute. ?very paver or remedy given by any of the loan Instrtrsmts to Trustee or Bene- <br />ficiary or to which either of terest may he nthorwl4a entleled may be ererrfred. cnnrurtpntly Or Indepen- <br />dently. fits ciao to time and as often so may he deemed expedient by trustee of flenefirtary. and either <br />of them may pursue inconslstent rpaedles. Nothing herein shall he roontrued as proleibiting Beneflefaty <br />from staking a defirivnry Judgment against Trustor to the estent setts action to permitted by law. <br />-f- <br />s. <br />!9' <br />