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<br />reasonable attorneys' fees, an account of any litigation which may arise with respect to this Trust or with respect to
<br />clue indebtedness evidenced by mid note, the protection and maintenance of the property hereinsbove described or in
<br />obtaining possession of said property after any sole which may be made as hereinafter provided.
<br />2 Upon the full payment of the indebtc.lness evidenced by said note mass the interest thereon, the payment of
<br />all other sumss Immeia provided for. she repayment of ail monies advanced or expen&O pursuant to acid note or this
<br />instrument, and upon Ilia payment of all Other proper coeU4 charge% commissions. aaA - expeases, Whe above desaribed
<br />properly shelf be released and recoaveyed to sad at the coat of the ymsabx
<br />3. Upon default in any of lire covenants or conditions of this instrument or of the note or Man agreement secured
<br />hereby. the Beneficiary or his assigns may without notice and without regard to the adequacy of security for the in-
<br />debtedness secured, either personally or by attorney or agent without bringing any action or proceeding, or by a re•
<br />ceiver to be appointed by the court, enter upon and take possession of sold property or any part thereof. and do any
<br />mete which Beneficiary deems proper to protect the security hereof, and either with or without taking possession of
<br />said property, collect and receive the rents. royalties, issues, and profits thereof, including rents accrued and unpaid.
<br />and apply the soma, lea cats of operation and collection, upon ilia indebtedness secured by this Dead of Trust, said
<br />rents, royalties, ia:•es, and profile, bring hereby assigned to Beneficiary as further security for the payment of such
<br />indebtedness. Exercise of rights under this paragraph shall nut cure or waive any default or notice of default here•
<br />under or invalidate any act done pursuant to curls notice We shall be cumulative to any right and remedy to declare
<br />a default and to caum notice of default to Ire recorded as hereinafter provided. and cumulative to any other right
<br />and /or remedy hereunder. or provided by law, and may be exercised concurrently or independently. Expenses in.
<br />curred by Beneficiary hereunder including re"onoble attorneys fees shall be secured hereby.
<br />4. The Trustor convenants and agrees that if he shall fail to pay said indebtedness, or any part thereof.
<br />when due, or shall fail to perform any covenant or agreement of this instrument or of the promissory note
<br />secured hereby, the entire indebtedness hereby secured shall immediately become due, payable, and collectible
<br />at the option of the Beneficiary or assigns, regardless of maturity, and the Beneficiary or assigns may enter
<br />upon said property and collect the rents aid profits thereof. Upon such default in payment or performance,
<br />and before or after such entry, the Trustee, acting in the execution of this Trust, after the notice of
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<br />default has been recorded, shall mail a copy of the default to each person Mho is a party to this instrument.
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<br />at the address set out is this instrunient. as well as to any person who has requested any notice of default
<br />and notice of sale by recording said request for notice with the register of deeds in the county In which this
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<br />instrument is recorded, and after the lapse of time which is required by law after sailing the notice, the
<br />Trustee shall have the power to se11 sold property, and it shall be the Trustee's ditty to sell said property
<br />(and in case of any defavit of any purchaser, to resell) at public auction. to the highest bidder, first
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<br />giving five weeks' notice air the time, terms, and place of such sale. by advertisement not less than once
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<br />during each of said five weeks in a newspaper published or distributed in the county or political subdivision
<br />In which said property is situated, ( and the Beneficiary or any person on behalf of the Beneficiary may bid
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<br />and purchase at such sale). Such sale will be held at a suitable place to be selected by the Beneficiary
<br />within said county or political subdivision. The Trustee is hereby authorized to execute and deliver to the
<br />purchaser at such sale a s0 ficient conveyance of said property, which conveyance shall contain recitals as to
<br />.the happening of a default upon which the execution of the power of sale herein granted depends: and the said
<br />Trustor hereby constitutes and appoints the Trustee as his agent and attorney in fact to make such recitals and
<br />to execute said conveyance and hereby convenants and agrees that the recitals so made shall be binding and
<br />conclusive upon the Trustor and said conveyance shall be effectual to bar all equity or right of redemption,
<br />homestead, dower, right of appraisement, and all other rights and exemptions of the Trustor all of which are
<br />hereby expressly waived and conveyed to the Trustee. In the event of a sale as hereinabove provided, the
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<br />Trustor or any person in possession under the Trustor shall then become and be tenants holding over and shall
<br />forthwith deliver possession to the purchaser at such sale or be suaearily dispossessed. in accordance with the
<br />provisions of law applicable to tenants holding over. The power and agency hereby granted are coupled with an
<br />interest and are irrevocable by death or otherwise, and are granted at cumulative to all other remedies for the
<br />collection of said indebtedness. The Beneficiary or Assigns may take any other appropriate action pursuant
<br />to state or Federal statute either in state or Federal court or otherwise for the disposition of the property.
<br />S. In the event of a sale as provided in paragraph 4. the Trustee shall be paid a fee by the Beneficiary in
<br />an amount not in excess of percent of the gross amount of said sale or sales. provided, however. that the
<br />amount of such fee shall be reasonable and shall be approved by the Beneficiary as to reasonableness. Said fee
<br />shall be in addition to the costs and expenses incurred by the Trustee in conducting such sale. The amount of
<br />such costs and expenses shall be deducted and paid from the sale's proceeds. It is further agreed that if said
<br />property shall be advertised for sale as herein provided and not sold. the Trustee shall be entitled to s
<br />reasonable fee. in an amount acceptable to the Beneficiary for the services so rendered. The Trustee shall also ;
<br />be reimbursed by the Beneficiary for all costs and expenses incurred in connection with the advertising of said
<br />property for sale if the sale is not consummated.
<br />6. The proceeds of any sale of said property in accordance with paragraph 4 shall be applied first to
<br />payment of fees. costs. and expenses of said sale, the expenses incurred by the Beneficiary for the purpose of
<br />L protecting or maintaining said property and reasonable attorneys' fees; secondly, to payment of the indebtedness
<br />secured hereby: and thirdly, to pay any surplus or excess to the person or persons legally entitled thereto.
<br />7. In the event said property is sold pursuant to the authorization contained in this instrument or at a
<br />judicial foreclosure sale and the proceeds are not sufficient to pay the total indebtedness secured by this i
<br />instrument and evidenced by said promissory note. the Beneficiary will be entitled to a deficiency judgment
<br />for the amount of the deficiency without regard to appraisement. the Trustor having waived and assigned all
<br />rights of appraisement to the Trustee.
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