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<br />In default with respect to payment of any indebtedness secured hereby, or in the performance of
<br />any agreement hereunder. If any event of default described hereafter in respect to this Deed of
<br />CQ Trust shall have occurred and be continuing, Beneficiary, as a matter of right and without notice
<br />fD & Trustor•ar:snyone claiming under Trustor, and without regard to the value of the trust estate
<br />Q or the interest of the Trustor therein, shall have the right to apply to any court having juris-
<br />diction to appoint a receiver of the property.
<br />+� 10. Transfer of property. If all or any part of the property or any interest of Trustor,
<br />therein is sold, transferred or further encumbered without the express or written consent of
<br />elBeneficiary, Beneficiary may, at its sole option, declare all sums secured by this Deed'of Trust
<br />to be imoedis.tely due and payable and proceed to the remedies available to it under the default
<br />m provisions contained herein.
<br />• 11. bveata of Default. Any of the following- evtMin shall be deemed
<br />under:
<br />(a) Trustor shall have
<br />interest, principal or principal and Interest or any other sums secured
<br />hereby-when due;
<br />(b) There has occurred a breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in this
<br />Heed of Trust, the note or.any other loan instrument secured hereby;
<br />(c) There has been a default by the Trustor im the payment of any prior,
<br />or subsequent lien or encumbrance in respect to aS:i:.ur any part of the property;
<br />Cej Trustor swa_lI file a voluntary petition in bankruptcy or shall be
<br />adjts -ated baakti+: or insolvent, or shall make an assignment for the benefit
<br />of ai�e$>r:ors !a•re;4ect to the property; or an. action to enforce any lien or
<br />ennui Tin x or judgments against the property is cea—menced.
<br />-12. Rcceierja> ton Upon Default...im the event of any defarat, Beneficiary mar datlare all
<br />indebtedness decured hereby to be i : _ .,_d payable, and the- zrtre shall thereupon ise=4e due and
<br />pay.2ihle without any presentment, de=n, protest or notice of any kind. Thereafter, Beneficiary
<br />(a) either % pers =n or. by agent, with or tcithqut bringing any actl= cr
<br />proceaSing, or by re =-aiva ;_rpz1nted by a court. arse -ithout regard to the . - ,;Uzcy,
<br />of any security, ente¢ tprL =- d take possession:ef the property, or any paart; 7h re¢f, .
<br />in lcs awn nay 'or'- '. a zame of the rTjlitee, 7vi do any acts which it deems =e =cam
<br />and das{rable to TTcserva the'value, -ris> L: or rentability of the £scream,; c7r :
<br />par-- T7 ^areof or faterest therein, inere=e the Vic6me therefrom or protecE ti:T-.e secxr f:F-
<br />hermzis and, without taking possession of the progcrty, sue for or otherwin (-- 31lect
<br />the Tmzs, issues and profits thereof, Including those past due and unpaid:,, -and apply
<br />the same, less cost's and expenses of operation and collection, including iittorney fees,
<br />upon any indebtedness secured hereby, all in 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 pcasesalon 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 />ddfault, including the right to exercise the power of sale;
<br />(b) commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />recraivez, or specifically enforce any of the covenants hereof;
<br />1c) deliver to Trustee w written declaration of default and demand for 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 for record in the official
<br />recce +s of the county in which the property is located.
<br />13. Fazw-.lusure by Power of SaI(i.. Should Beneficiary elect to foreclose by axr -rcise of the
<br />porter of sale ltereln contained, Beneficiary shall notify Tru tee and shall deposit jIth Trustee
<br />this Deed of Trust and the note and ouch receipts and avidence of expenditures made and secured
<br />hereby as Trustee may require, and xg3on request of the Beneficiary, the Trustee shall file for
<br />record, in the Register of Deeds office in the County where the property is located, a notice of
<br />default, settire forth the name of the, Trustor, the Book and Page or Document No. of this Deed of
<br />Trust as reccrd'fP4 in said Register cf Deeds office, the legal description of the above- described
<br />real estate ard that a breach of an afsiigation, for which said real estate was conveyed as security,
<br />has occurred, and setting forth the nature of such breach and the Trustee's election to sell the
<br />real estate to satisfy th-,•ebligation; and after the lapse of not less than one (1) month, this
<br />Trustee shall give writter±:ntice of.the time and place of dale which may be between 9:00 a.m. and
<br />5 p.m. at the premises, or at the Courthouse in the County wherein such property is located, de-
<br />scribing the property to be sold by its legal description, said notice to be published in a news-
<br />paper of general circulation in the County wherein such property is located, once a week for five
<br />(5) consecutive weeks, the last publication to be at least. ten (10) days, but not more than thirty
<br />(30) 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 manner provided by law in effect at the time of filing said notice,
<br />at public auction to the highest bidder for cash and shall deliver to such purchaser a deed to the
<br />property sold, consistent with the law in effect at the time.
<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 shall be prima facie evidence
<br />of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the .
<br />following order: (a) to all reasonable costs and expenses of the sale, including but not united
<br />to, Trustee's fees of not more than '3t 7, of the gross sale price, reasonable attorney fees
<br />and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if
<br />any, to the person or persons legally entitled thereto. Any person, including Beneficiary, may
<br />purchase said property at said sale.
<br />The QeCoOii CIDAU.ti118 Elie 6dle fatly. Ctlt ally eartse ire of site deems vxpedlettL. pus Llyufte Litt: sale-
<br />from time to time until it shall be completed and, in every such case, notice of postponement shall
<br />be given by public declaration thereof by such person at the time and place last appointed for the
<br />sale; provided, if the sale is postponed for longer than one (1) day beyond the date designated in
<br />the notice of sale. notice thereof shall be given in the same tanner as the original notice of sale.
<br />14. Rc=edies Not Exclusive. Trustee and beneficiary. and each of the--.. totted be entitled to
<br />enforce payment and performance of any indebtedness or obligation secured hereby and to exercise
<br />all rights and powers under this Deed of Trust or under any loan instrument or other agreement or
<br />any laws now or hereafter enforced, notwithstandinp, sore or all of the indebtedness and obligations
<br />secured hereby Vnich may now or hereafter be otherwise secured, :-`father hV r-rrrtkagc, deed of _trust,
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