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r <br />r <br />1 <br />to default With respect to payment of amy NCNr.6 hereby, or in the parfoswsne o3.— <br />any 11SrResient hoieunder. if any event of d&-fe4zp;:d"cribed hereafter in respect to this Deed of <br />Trust shall have occurred and he centinuioS, RoMfieiary, as a matter of right and without notice <br />to Trustor or esyortt'ciafaitIN Und rr Trustor, ad without regard to the value of the trust *state <br />or the interest of the Trustor therein, rhall have the right to apply to any court having juris- <br />diction to appoint a receiver of then property. <br />10. Transfer of hgpartc if all or any part of the property or any interest of Trustor <br />therein to sold, traeeferrad_or further encumbered without the express or written consent of <br />Beneficiary# iensficlsry say, at its salt option, declare all sums secured by this Dssd of Trust <br />to be immediately dote and payobtoq sno proceed to the remedies availaiala to it under the default <br />provisions contstsrd -herein. <br />11. Events of Defa,,t2t. &iy cP the folt*V_ng events shall be deemed an event of default hors- <br />under: <br />(a) Truster shall have <br />interest, prfnalpal or principal and interest or any other sums secured <br />hereby when doe; <br />(b) Thr,is Vka occurred a breach of or default under any term, covenante <br />agreement. condAtion,.provision, representation or warranty contained in this <br />Deed of Trust, the note or any other loan instrument secured hereby; <br />(c) There has been a default by the Trustor in the payment of any prior <br />tic subsequent lien or encumbrance in respect to all or any part of the property; <br />(d) Trustor shall file s voita:ts:ry petition in baakru2Try or p'ai.1S, be <br />adjudicated bankrupt or insolvent, or s'iall make an assignment for the.sesieflit <br />•ot creditors in respect to-the property; or an action to enforce any 1fea: Y <br />*44 -um' rance or judgment& al*1nat the property ins commenced. <br />12. A;wiiUistion Upon Defirtit,,, :In the event of any f a1t,.Beneficiary'�gt)? ;s�eclasa an <br />itdebtedness` sew cured erc:y to :e g;z* and payable, and the. sane shall, thereupon'bleome due and <br />payable without any preae=aht:,• demand, protest or notice of eny klu , _Thereafter, Beneficiary <br />Say; <br />(a) eWip� iti peter= or by &pent, with or without bringing -xny action or <br />proceeding, zz by rece:vrsi:rdopointed by a court and without redar4•i- the adequacy <br />of .mutt securit f,.,q nter 'cMmts :and take possession of the proper. oz =? part thereof, <br />in i". own rash or.in ihe'.T' aw, of Oei - .Trustee, and do any arxs why -rh it deems necessary <br />and deslrstl4e sia.:sztaerar; tY.c'vel�r, eRm:Metability or rent:att=- #' of. the property, or <br />part &.hereof cr 5nterest'rn�'ein, increase the income thereft6i or ptckts:t the security <br />hertce and, without taking 1vI$session of the property. sue for or othiJ.wlse collect <br />the tivncs, issues and prdffrs thereof. including those past due and unpaid, and apply <br />the sane, less costs and expenses of operation and collection. Including attorney fees, <br />upon any indebtedness secured hereby. all to such order as Beneficiary may determine. <br />The entering upon and taking possession of the trust estate, the collection of such <br />rents, issues and profits and application thereof as aforesaid shall not cure or waive <br />any default or notice of default hereunder or invalidate any act and In response to <br />such default or pursuant to such notice of default and, notwithstanding the continuance <br />in possession of the property or the collection, receipt and application of rents, <br />Issues or profits. Trustee or Beneficiary may be entitled to exercise every right pro- <br />vided for In any of the loan instruments or by law upon occurrence of any event of <br />default, including the right to exercise the power of salt; <br />!(5?, ccenstce an action to foreclose this Deed of Trust as a mortgage, appoint a <br />rect)tatui, or specifically enforce any of the covenants hereof; <br />(r_) deliver to Trustee a vritten declaration of default and demnal far sale, and <br />a written notice of default and election to cause Trustor's interest in the property to <br />be sold, which notice Trustee shall cause to be duly filed 0 ;r record :.#s the official <br />records of the county in.which the property is located. <br />19. Foreclosure by Power of !.;A m!. Should Beneficiary elect to i'sreclose T.U'exereiee of the <br />power of sale herein ccrutained, Beneficiary shall notify Trustee aa,a �:Ina11 de;c+;mtr with Trustee <br />this Deed of Trust and t;:e note and such receipts and evidence of and secured <br />hereby as Trustee may require. and upon request of the Beneficiary, the Trustee "shall file for <br />record. in the Register of Deeds office in the County where the property is lorax,ad, a notice of <br />default, netra_,g faveb. Vne name of toile Trustor, the Book xstd Paste or Document >{h,•, of this Deed of <br />Trust as rct.,-WMd ix' u&aie- Register cf Deeds office, the legal description of t'6z above- described <br />real estatejot t%-al x.h,sesch of an obligation, for which said real estate wars r_onveyed as security', <br />has occurre8,; and settivW forth the nature of Ouch breach and the Trustee's eRec`.ion to sell the <br />real estate to• satisfy ate obligation; and after the lapse of not Imita than ecr.'(1) month, then <br />Trustee shall rave written notice of the time and place of male -Alch may be bwlweea 9:00 a.m. and <br />S p.m. at th:cr•.prealsys, or at the W- a:thouse in the County wherein such property is located, de- <br />scribing the property to be sold $1 Its legal description,. said notice to be published in a news- <br />paper of general circulation In top,t6unty wherein such property Is located, once a week for five <br />(S) consecutive weeks, the last publication to be at least ten (10) days, but not more than thirty <br />OD) days, prior to the sale; and the Trustee shall then sell said property at the time and place <br />designated in the notice, in the macner provided by law in effect at the time of filing said notice, <br />at public auction to the highest bfS,!er for cash and shall deliver to such purchaser a deed to the <br />property sold, consistent with tbt% Lev in effect at thrr Ctme. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, Trustee's <br />deed conveying the property sold. Recitals in the Trustee's deed ¢Swell be pried facie ewMence <br />of the truth of the statements upde therein. ,Trustee iliell applr.t %W. proceeds of the sale in the <br />follovinx order: (a) to all resimmable costs and exprk-mw of the $41e, includinx but not limited <br />to. Trustee's fees of not more t'lr : ;' ,-!3.0 of the iWra s sale price, ressonafc7 k. attorney fees <br />and costs of title evidence; (b;' ,0_4, all sums secured `_;w i:;.As Deed of Trust; naafi (c) the excess. if <br />any. to the person or persons legally entitledt thereto. Any person, including Bane ficiar.011t saY <br />purchase said property'at said sale. <br />par=ty. C-nd=ti% tk: Z-1t! ft -y, fast =7 cause ht at she: dk" ! O&A .wale <br />from time to time until it shell bus coupleted end, in evi'ty suc3v "::use, notice of postponemifss:r shall <br />be givvm by public declaration Crwreof by such person at t1ie time and place last appointed %;F the <br />sale; provided, if the sale is postponed for longer than :me (1) day beyond the date desiglaied in <br />the notice of sale. notice thereof shall be given In the.sm —w maneer as the original notice of sale. <br />14. Remedios Not Exclusive. Trustee and Beneficiary, and esck of then, shall be entitled to <br />enforce payment and performance of any Indebtedness, or obligation secured hereby and to exerciso <br />all rights and powers under this Deed of Trust or under any loan instrument or other agreement or <br />any Iowa now or hereafter enforced. notwithstanding some or all of tae indebtedness and obllgutlonn <br />secured hereby vh1th army now or hereafter be otherwise secured. whether by rmnrtgage. deed of crust, <br />-2- <br />h Y: <br />t• <br />s <br />�T <br />a <br />t <br />