_ t . y .._-.�-; ` � � •'L'1`S:, ...
<br /> ,� ._ .... :� -ti � �t t r � � t i�l�':��.. � �� � / T� ..:
<br /> I i� . '1' J -� - . i.. �t- �•i' - � �� �r��� �1 _ . . . .� � � . , � -Hi!Ipl�q1
<br /> . . � 1 1.� 1. 1 . . ._ . . ... 'i - . . .•�,.y�r'fry,sl• . ._.
<br /> , . -. . . - . ' 1�' • - ' . - .
<br /> . ��f.. ' 1°�.��_
<br /> 1:'. . �. . - -_ ..
<br /> ����... � ____ l,- ,y`'R•`'
<br /> _N.�{� •:,�1�{._,a�.�
<br /> , . . , 91-- 1 U283� ___7:r�_.:�,:..�
<br /> ,..
<br /> �. .,_,�:.�_.._
<br /> � � � Full R�convqa�c�: Upon writt�n r�quest af B�n�ficfary statin that all sums sewrQd h+r�by have bNn paid, ��,� � R w
<br /> , .,. 9 �i�.�-- ._.---:_�;��;,;--
<br /> � T►ust�shell�tconv�y�withaut wananty,th�proparty then h�ld h�reunder. The recitals in wch nconvhtanc�of any .���-----_,.-R-��_ .� _
<br /> mariQn of faa shall be conclusive proof of the t�ut h fu ln�ss t l ureo f. T h e g r a n t e e i n s u c h �a o n v�y a n c� m a y b� :��-.;�;"s___
<br /> ' d�siqn�ted as 'the persor�or persons legally entitled ther�to". Such request and reconvayancQ sh�ll op�r+�t�as a ' , � - ���,�.-_�__
<br /> ��suiqnment of th�r�nts�iacoM�,iswQS and profits htr�inb�foro assiqned to eonsficiary. � :_'-
<br /> R i I l e c t a n d Rec�iw Rents and Profits: Notwithstanding any other provisions he�wf, 9�n�flciary � ~�r�,�
<br /> �he to Co
<br /> he��by 9rants p�rmission ta Trustor to collect and retain thQ rents,income,issu�s and profits of such rropprty as thay , ,
<br /> b�com�due and payable,but�eserves the�lqht to revoke such permission at a�y time, with ar w thout cause, by �• � ,
<br /> � natic�in writinq to Trustor� mailed to Trustar at his last known address. In any event, such permission to Ttusta ;
<br /> �utom�tically shall be�evoked upon default by Meke►or Trustor in payment of any ind�btedness s�cund har�by or f
<br /> 1 in th�p��forma�ce of any agreement hereunder. On any such default,8eneficiary may at any tima w�thout noticR, � ,
<br /> �ith�r i�pwson.by agent,or by�eceive�to be appointed by the Coun,and without regard to t�any�rt��iY
<br /> secu�ity tor the indebtQdnoss secu�ed hereby,enter uF��and take possession gf such p�opertyq �
<br /> make, cancel. eelforce or modHy le�es; obtairt"and e►bct tenants, set or modi'Fy'rents; m �ts own name sue or ?
<br /> oth�rwise collect the rents,income,�issues and profits thereof,including those past due and unpaid; and ppp�y the :.
<br /> same, lets costs and expenses of operation and collectian, including reasonable attorney's fees, upon anY i
<br /> {ndebtedness secured hereby and in such order as eeneficiary may determine; and except for suc{� application,
<br /> Beneficiary shall not be liable to any person for the collection or nuncallection of any rents,income,itsues or profits, j �
<br /> • forthe failure to assen o�enforce any of the faepoing rights,nor shall Beneficiary be charged wfth any of tha dutia ` ,
<br /> � • and obligatfons of a mortgagee in possession. ThE enterfng upon and taking possession of suth property, the
<br /> collection of such re�ts, incom�e, issues or profits, the doing of athe� acts herein authorized.and the appllcation
<br /> . :,;�; . thereof as aforesaid, shall not cure or waive any defauft or notice of default hereunder or invalidate any act don� , . � , � � � .��•:
<br /> • ' punuant to such notice. � .
<br /> � '� �;�:,��� � Tru�tae's Sele on Default: Upon default by Maker or Trustor in payment of any indebtedness secured he�eby
<br /> , t
<br /> � or in performance of any egreement hereunder,or any agreement secured hereby, Beneficiary may decla�e atl 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 tlme as then may be required by law following reco�dation of
<br /> such notice of default,and notice of sale having been given as then required by law, Trustee,without demand on
<br /> 1'�ustor, shall sell such property,either as a whole or fn separate parcels,and in such order as it or Beneficiary may
<br /> determine at public auctlon to the highest bidder. 7rustee 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 delivQr j
<br /> � ta such purchasor iLS dred zonveying the p►o}:+Any so sold, but without any covenant or warranty, expressed or f
<br /> � � implied. The recital in such deed oi any matte�s of faa or otherwise shall be conclusive proof of the truthfuiness
<br /> • � the�eof. Any person,including Trustor,Trustee or Beneficiary,may purchase at such sale. Trustee may alto sell at pny ;
<br /> ' � �• such sale and as part thereoi any shares of corporate stock secunng the obligation secured hereby, and Trustor
<br /> . �.,,,, waives demand a�d notice of such sale. (Beneficiary at its optlon 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,intluding cost of evidence of title in connection with such sele.Trustee shall tint apply the
<br /> proceeds of sale to payment of all sums expended under the terms hereof, �ot then repaid, with accrued interest at
<br /> � `�.' the rate then payable under the note or notes secured hereby,and then to payment of alI other sums secured hereby. ,
<br /> and if tfiereafter there be any proceeds remaining,distribute them to the person or persons leqally entitled thereto.
<br /> '' �� Substitution of T�ustee: Be�eficiary 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 /> ��,� .�. �, � 8eneficiary and recorded in the ofiice of the register of deeds of the county or counties where suth property is
<br /> . s6EUated,shall be conclusive proof of proper substitution of such successor Trustee or Truslees, who shall, without
<br /> � ' tanveyances from the Trustee predecessa�,succeed to all its title,estate,rights,power and duties.
<br /> � No Waiver by Beneficiary: No v�raiver by Benef�ciary o9 any right under this Deed of Trusi shall be effettive
<br /> ' unless in w�iting. Waiver by Benefivary of any right gra�ted to Beneficiary under this Deed of Trust or of any
<br /> . provision of this Deed of Trust as to any transaction or acurrences shall not be deemed a walver as to any future
<br /> transaction or occurrences. By accepting payment oi�ny sum secured hereby after its due date or by making any
<br /> payment or performing any act on behalf of Maker or 7iustor that Maker or Trustor was obligated he�eunder,but
<br /> failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secu►ed hQreby.
<br /> . Beneficiary does not waive its right to require prompt payment when due of all other sums so secured a to requlre
<br /> prompt performance of all other acts required hereunder or to declare a default for failure so to pay.
<br /> r�' . Weiver of Stat+a3e of limitetions: 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 wlth respect to any
<br /> ' ' debt,demand or obligation secured hereby in any action or proceeding far the purpose of enfo�cing this Trust or any
<br /> riqhts or remedies hereunder.
<br /> Inspedion and Business Records: Beneficiary at any time during the continuation oi the trust may enter and
<br /> � ie�spect such property at any reasonable time. 7rustor agrees that in the event suth property is now o�hereafter used
<br /> i tor commercial or residenlial income purposes, when requested by Beneficiary, Trustor will promptly deliver to
<br /> , < Beneficiary such certified f�nancial statements and profit and loss statements of such types and at such intervals as
<br /> �.'j. � � may be required by eeneficiary w�n�ch wili be in form and tontent prepared according to the usual and acceptabte
<br /> accounting printiples and practices, which staternents s�all cover the iinancial operations relat3ng to such property
<br /> ,, i and Trus4or funher agrees when re��uested by Beneficiary to piomptly deliver in writing suc6o fuvther �dditiona7
<br /> infamation as required by Beneficiary relating to��y such financial statements.
<br /> � 1 ._ � � ��_..��. �w���� T.Y���r i�r an�c��r�pacnr in interest of T�ustor, voluntarily or i�valuntarily sell�
<br /> y y �ie�itiai�'vi� ��o�.ac. . _
<br /> J f exchan4e,convey,transfer,contract to sell,lease with optian to purthase,sublease,dispose of,change the character
<br /> � or use of,or further entumber such property,or any part thereof,or any interest therein,or if any of said parties shall
<br /> � be dlvested of title to such real property or�ny part thereof or any i nterest therein efther voluntarily or involuntarily,
<br /> 1 or if title to such property be subject to any lien or charge voluntarily or involuntarily, contrattual or statutory,
<br /> j without the written consent of eeneficiary 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 /> i 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 /> � intQrest of the trust.
<br /> �. �
<br /> �, ;
<br /> ;' � • .
<br /> � , � �•• ,
<br /> _ ; rN.�NS , -
<br />
|