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�f gg. �o4s1z <br /> ��. <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, incfuding 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 ob►igation secured hereby, and Trustor <br /> waives demand and notice of such sale. (Beneficiary at its option may also foreclose on such shares by inde�endent <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 �lause: 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 /> i nterest of the trust. <br /> �' 101070-079 REV. 12!90 Page 4 ot 5 � ��,.� x�,�„y, � <br />