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202204845 <br />purchase at such sale). Such sale will be held ata suitable place to be selected by the Beneficiary within said <br />county or political subdivision. The Trustee is hereby authorized to execute and deliver to the purchaser at <br />such sale a sufficient conveyance of said property, which conveyance shall contain recitals as to the <br />happening of 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 <br />and to execute said conveyance and hereby covenants and agrees that the recitals so made shall be binding <br />and conclusive upon the Trustor, and said conveyance shall be effectual to bar all equity or right of <br />redemption, homestead, dower, right of appraisement, and all other rights and exemptions of the Trustor all <br />of which are hereby expressly waived and conveyed to the Trustee. In the event of a sale as hereinabove <br />provided, the Trustor or any person in possession under the Trustor, shall then become and be tenants <br />holding over and shall forthwith deliver possession to the purchaser at such sale or be summarily <br />dispossessed, in accordance with the provisions of law applicable to tenants holding over. The power and <br />agency hereby granted are coupled with an interest and are irrevocable by death or otherwise and are granted <br />as cumulative to all other remedies for the collection of said indebtedness. The Beneficiary or Assigns may <br />take any other appropriate action pursuant to State or Federal statute either in State or Federal court or <br />otherwise for the disposition of the property. <br />5. In the event of a sale as provided in paragraph 4, the Trustee shall be paid a fee by the <br />Beneficiary in an amount not in excess of one percent of the gross amount of said sale or sales, provided, <br />however, that the amount of such fee shall be reasonable and shall be approved by the Beneficiary as to <br />reasonableness. Said fee shall be in addition to the costs and expenses incurred by the Trustee in conducting <br />such sale. The amount of such costs and expenses shall be deducted and paid from the sale's proceeds. <br />It is further agreed that if said property shall be advertised for sale as herein provided and not sold, the <br />Trustee shall be entitled to a reasonable fee, in an amount acceptable to the Beneficiary for the services <br />rendered. The Trustee shall also be reimbursed by the Beneficiary for all costs and expenses incurred in <br />connection with the advertising of said 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 <br />first to payments of fees, costs, and expenses of said sale, the expenses incurred by the Beneficiary for the <br />purpose of protecting or maintaining said property and reasonable attorneys' fees; secondly, to payment of <br />the indebtedness secured hereby; and thirdly, to pay any surplus or excess to the person or persons legally <br />entitled thereto. <br />7. In the event said property is sold pursuant to the authorization contained in this instrument <br />or at a Judicial foreclosure sale and the proceeds are not sufficient to pay the total indebtedness secured by <br />this instrument and evidenced by said promissory note, the Beneficiary will be entitled to a deficiencyjudgment <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. <br />8. The Trustor covenants and agrees as follows; <br />a. He will promptly pay the indebtedness evidenced by said promissory note at the times and <br />in the manner therein provided. <br />b. He will pay all taxes, assessments, water rates, and other governmental or municipal <br />charges, fines or impositions, for which provision has not been made hereinbefore, and will promptly <br />deliver the official receipts therefor to the Beneficiary. <br />c. He will pay such expenses and fees as may be incurred in the protection and maintenance <br />of said property, including the fees of any attorney employed by the Beneficiary for the collection of <br />any or all of the indebtedness hereby secured, of such expenses and fees as may be incurred in any <br />foreclosure sale by the Trustee, or court proceedings or in any other litigation or proceeding affecting <br />said property, and attorney's fees reasonable incurred in any other way. <br />3 <br />