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200110094 <br />Full Reconveyance: Upon written request of Beneficiary stating that all sums secured hereby have been paid, <br />Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any <br />matters of fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be <br />designated as "the person or persons legally entitled thereto ". Such request and reconveyance shall operate as a <br />reassignment of the rents, income, issues and profits hereinbefore assigned to Beneficiary. <br />Right to Collect and Receive Rents and Profits: Notwithstanding any other provisions hereof, Beneficiary <br />hereby grants permission to Trustor to collect and retain the rents, income, issues and profits of such property as they <br />become due and payable, but reserves the right to revoke such permission at any time, with or without cause, by <br />notice in writing to Trustor, mailed to Trustor at his last known address. In any event, such permission to Trustor <br />automatically shall be revoked upon default by Maker or Trustor in payment of any indebtedness secured hereby or <br />in the performance of any agreement hereunder. On any such default, Beneficiary may at any time without notice, <br />either in person, by agent, or by receiver to be appointed by the Court, and without regard to the adequacy of any <br />security for the indebtedness secured hereby, enter upon and take possession of such property, or any part thereof , <br />make, cancel, enforce or modify leases; obtain and eject tenants, set or modify rents; in its own name sue or <br />otherwise collect the rents, income, issues and profits thereof, including those past due and unpaid; and apply the <br />same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any <br />indebtedness secured hereby and in such order as Beneficiary may determine; and except for such application, <br />Beneficiary shall not be liable to any person for the collection or noncollection of any rents, income, issues or profits, <br />for the failure to assert or enforce any of the foregoing rights, nor shall Beneficiary be charged with any of the duties <br />and obligations of a mortgagee in possession. The entering upon and taking possession of such property, the <br />collection of such rents, income, issues or profits, the doing of other acts herein authorized, and the application <br />thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done <br />pursuant to such notice. <br />Trustee's Sale on Default: Upon default.by Maker or Trustor in payment of any indebtedness secured hereby <br />or in performance of any agreement hereunder, or any agreement'secured hereby, Beneficiary may declare all sums <br />secured hereby immediately due and payable and shall cause to be filed of record a written notice of default and <br />election to.sell such property. After the lapse of such time as then may be required by law following recordation of <br />such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on <br />Trustor, shall sell such property, either as a whole or in separate parcels, and in such order as it or Beneficiary may <br />determine at public auction to the highest bidder. Trustee may postpone the sale of all or any portion of such <br />property by public announcement at the time and place fixed by the preceding postponement. Trustee shall deliver <br />to such purchaser its deed conveying the property so sold, but without any covenant or warranty, expressed or <br />implied. The recital in such deed of any matters of fact or otherwise shall be conclusive proof of the truthfulness <br />thereof. Any person, including Trustor, Trustee or Beneficiary, may purchase at such sale. Trustee may also sell at any <br />such sale and as part thereof any shares of corporate stock securing the obligation secured hereby, and Trustor <br />waives demand and notice of such sale. (Beneficiary at its option may also foreclose on such shares by independent <br />pledge sale, and Trustor waives demand and notice of such sale). After deducting all costs, fees and expenses of <br />Trustee, and of this Trust, including cost of evidence of title in connection with such sale, Trustee shall first apply the <br />proceeds of sale to payment of all sums expended under the terms hereof, not then repaid, with accrued interest at <br />the rate then payable under the note or notes secured hereby, and_ then to payment of all other sums secured hereby, <br />and if thereafter there be any proceeds remaining, distribute them to the person or persons legally entitled thereto. <br />Substitution of Trustee: Beneficiary may, from time to time, by instrument in writing, substitute a successor or <br />successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by <br />Beneficiary and recorded in the office of the register of deeds of the county or counties where such property is <br />situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without <br />conveyances from the Trustee predecessor, succeed to all its title, estate, rights, power and duties. <br />No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective <br />unless in writing. Waiver by Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any <br />provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future <br />transaction or occurrences. By accepting payment of any sum secured hereby after its due date or by making any <br />payment or performing any act on behalf of Maker or Trustor that Maker or Trustor was obligated hereunder, but <br />failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, <br />Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require <br />prompt performance of all other acts required hereunder or to declare a default for failure so to pay. <br />Waiver of Statute of Limitations: Time is of the essence in all Maker's and Trustor's obligations hereunder; <br />and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any <br />debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any <br />rights or remedies hereunder. <br />Inspection and Business Records: Beneficiary at any time during the continuation of the trust may enter and <br />inspect such property at any reasonable time. Trustor agrees that in the event such property is now or hereafter used <br />for commercial or residential income purposes, when requested by Beneficiary, Trustor will promptly deliver to <br />Beneficiary such certified financial statements and profit and loss statements of such types and at such intervals as <br />may be required by Beneficiary which will be in form and content prepared according to the usual and acceptable <br />accounting principles and practices, which statements shall cover the financial operations relating to such property <br />and Trustor further agrees when requested by Beneficiary to promptly deliver in writing such further additional <br />information as required by Beneficiary relating to any such financial statements. <br />Acceleration Clause: Should Trustor, or any successor in interest of Trustor, voluntarily or involuntarily sell, <br />exchange, convey, transfer, contract to sell, lease with option to purchase, sublease, dispose of, change the character <br />or use of, or further encumber such property, or any part thereof, or any interest therein, or if any of said parties shall <br />be divested of title to such real property or any part thereof or any interest therein either voluntarily or involuntarily, <br />or if title to such property be subject to any lien or charge voluntarily or involuntarily, contractual or statutory, <br />without the written consent of Beneficiary being first had and obtained, then Beneficiary shall have the right, at its <br />option, to declare all sums secured hereby forthwith due and payable; and this same right of acceleration shall be <br />available to Beneficiary if the undersigned is a partnership and the interest of a general partner terminates, is <br />assigned or transferred, or is diminished or if the undersigned is a corporation and any of the corporate stock is <br />transferred, sold or assigned; or if the undersigned is a trustee of a trust and there is a change of any of the beneficial <br />interest of the trust. <br />