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<br /> <br /> <br /> <br /> <br /> : QUI 11 485 <br /> 4. The Borrower shall keep the Property ih gotid rap ut at-all riot commit weate U.' permit impairment or deterioration of the Prcf:~- <br /> 5. If the Borrower fails to: (a) maintain or pay the premiums for the required insurn►toe of the Property, or (b) pay taxes before delinquent, or <br /> Ic) pay any amount duo under a prior mortgage or trust deed before delinquent, or (d) maintain the Property in good repair, or (a) parfann <br /> any of the covenants or agreements of this Trust Deed, then the Lander may, at its option, pay such insurance premiums, taxes, mortgage <br /> or tn-st deed payments, or make repairs and disburse such sums and take such action as It deems necessary to protect its interest without <br /> waiving ~r affecting its right to declare or,-, tfaull and accelerate the debt secured hereby because of any such failure of the Borrovt at. Ar.7 <br /> mounts so disbursed by the Lander shall c; tastituto additional indebtedness of the Borrower secured by this Trust Deed and shall beti: into, :et <br /> from Coe date of disbursement at the rate payaiale under the Note. Nothing contained In this paragraph shall require the Lander to :Aakv Lrty <br /> such disbursements or take any action whatsoever. <br /> Z. The Lender may make or cause to he made reasonable entries upon and inspection of the Property. <br /> 7. The proceeds of any award or claim for damages, ::'-act or consequential, in connection with any condemnation or other taking of the <br /> Property, or pert thereof, or for conveyance in lieu o, :ondemnation, are hereby assigned and shall be paid to the Lander to the extent of the <br /> full amount of the remaining unpaid indebtedness secured by this Trust Deed. <br /> If the Property is abandoned by the Borrower, or, If after notice by the Lender to th.- Borrower that the condemnor offers to make an awera <br /> ar settle a claim for damages, the Borrower fails to respond to tits Lender within 30 days after the date such notice is mailed, the Lender <br /> Is authorized to collect and apply the proceeds to the sums secured by this Trust Deed. <br /> Condemnation proceeds or awards shnil be credited to the last maturing installments of the indebtair+note sec:l-aci and shall not extend or <br /> postpone the due date of the Installments referred to in paragraph 1 hereof or change the amount of such 41stalWnants. <br /> 3. If the Lender issues a partial release of this Trust Deed, the proceeds received therefor shall be credited to the last maturing installments of <br /> the indebtedness secured hereby, <br /> 9. If the Lender either voluntarily or involuntarily becomes a poorly to any suit or legal proceeding relating to the Property. Note or this Trust Deed, <br /> then the Borrower will reimburse the Lender for all costs and, to the extent permitted by low, reasonable attorneys' fees incurred by the <br /> Lender ra!ating to such suit or legal proceodings and said sums shall eonetitute additional indebtedness secured by this Trust Deed and bear <br /> interest at the rate payable under the Note, until paid, <br /> 10. As additional security, the Borrower does hereby assign, transfer and set over to the Lender, In case of default In ilia performance of any <br /> of the iterms or conditions of this Trust Dead, the Note or the terms of any Indebtedness secured hereby, all of the rants, revenues and any <br /> income of any type whatsoever tc be derived frost the Property, including land contract payments. The Lander, in person, by agent or by <br /> receiver, without regard to the solvency or insolvency of the Borrower or the itaiue of the Property, shell be entitled to take possession of, <br /> repair, rent and manage the Property and 'o collect the rents, revenues and income therefrom and it may nay out of said income all expanses <br /> of repair and costs incurred in renting and managing the Property and collecting rents and for payment of insurance premiume with any <br /> remaining balance to be applied to the 183t maturing payments of the debt secured hereby. Upon presenting a copy of this Trust Dead and <br /> demand to any lessee, tenant or contract purchaser of the Property, such person shall pay all rents, payments and profits accrued or <br /> thereafter accruing to the Lender until further notice from the Lender. <br /> 11, If all or any part of the Proport•r or any interest therein is deeded, solely by land contract or otherwise conveyed, alienated or further <br /> encumbered either voluntarily or involuntarily without the Lender's prior written consent, excluding (a) a transfer by operation of law upon <br /> the dee.th of a joint tenant or (b) the grant of any leasehold interest not containing an option to purchase with a lease term of two years or <br /> less, or (c) the creation of the purchase money security interest in household appilances, then tho Lander may, at Its option, declare oil sums <br /> secured by this Trust Deed to be immediately due and payable. <br /> 12. Upon the Borrower'c breach of any covenant or agreement of the Borrower in this Trust Doied, including the covenants to pay when due any <br /> sums secured by this Trust Deed, the Lender, of its option, may declare all of the sums cecured by this Trust Dead to be Immediately due <br /> and payable without further demand and may Invoke the power of sale and/or any other remedies permitted by applicabla law including the <br /> right to foreclose this Trust Deed in the manner provided by law for the foreclosure of mortgages on real estate. The Lander shall be entitled <br /> to collect all reasonable costs and expenses irwurred in pursuing such remedies including, but not limited to, and to the extent permitted by <br /> low, reasonable attorneys' fees. <br /> If the power of sale is invoked, the trustee shall record a notice of default in each county in which the Property or some part thereof is located <br /> and provide notice thereof in the manner prescribed by applicable law. After the lapse of such time ae may be required by applicable law, <br /> the Trustee shell give public notice of sale to the persons and in the mnnnor prescribed by applicable law. The Trustee, or the attorney for <br /> the Trustee, without demand on the Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under <br /> the terms designated in the notice of sale in one or more parcels and In such order as the Trustee may detarmine. The Trustee may postpone <br /> sale of all or any parcel of the Property by public ennounaement at the tiros and place of any previously scheduled sale. The Lender or the <br /> Lender's designee may purchase the Property at any sale. <br /> Upon receipt of payment of the price bid, the Trustee shell deliver to the purchaser a Trustee's Deed, without warranty, conveying the <br /> Property said. The recitalc in the Trustee's Deed shall be prima facto evidon,7o of the truth of the at'atements made therein. The Trustee shell <br /> apply the proceeds of the sale In ?he following order: (a) to all reasonable i~oste and expenses of the sale, Including, but not limited to, the <br /> Trustee's fees of not more than $500.00 plus .5% of the amount secured hereby and remaining unpaid, and cost,!- of title evidence; (b) to <br /> all sums secured Li this Trust Deed; urid (c) the excess, if any, to the person or persons legally entitled therstr. <br /> 13. Any forbearance by the Lender in exercising any rig:it or remedy hereunder, or otherwise afforded by :?i sale law, shall not be a waiver <br /> of or preclude the exercise of any such right or remedy in the event of continuing or future breacher iry ~.,r 6,.:rows,% <br /> 14, All remedies provided in this Trust Deed are distinct and eumu:ative to any other right or remsay utaaer this Trust Dead or afforded by law <br /> or equity, and may be exorcised ,oneurrently, ind,pandently or sueeeaivsly, <br /> 15, Upon payment of all Bums securod by this Trust Deed, the Lander shall request the trustee to raconvcy the Property and shall surrender this <br /> Trust Deed and all nuns evidencing Indebtedness secured by this Truitt Do,sd to the Trustee. The Trustee shell reconvey the Property without <br /> wa, ranty to the person or persons legally antltInd thereto. Such person or persons shall pay sit costa of recordation, if env. <br /> 16. The Londe,, at the Lender's option, may from time to time remove the Trustee and appoint a successor Trustee to any Trustee appointed <br /> hereunder by an Instrument recorded in the county In which this Trust Deed Is recorded, Without conveyance of the Property, the successor <br /> Trustee shall cuccaet; to all title, power and duties conferred upon the Truiste• herein and by applicable law. <br /> 17. Except for any notlcos, demanda, requests or other communications required under applicable law to be given In smother manner, whenever <br /> the Lander, the Borrower or the Trustee gives or serves any notice (including, without limitation, notice of default and notice ei sale), <br /> dorr+r?nd!o, roquesto or other communication with resneet to this Trust Deed, each ouch notice, demand, request or otha: communication shall <br /> rte in writing and shall be offeclive only it the Dame Is delivered by personal service or mailed by certified mail, postatle prepaid, return receipt <br /> r-luee;od, oddroased to the addresa sat forth at the beginning of this Tqust Deed. A oopy of any notlaa of dsfcu;t, any notice of sale, required <br /> or perri.itind to bo given hereunder, shall be mailed to each person who, Is a party hereto at the address set forth at the beginning of this Trust <br /> Dnnd, Any party may t.t any done rhnntle Its address for such notices by delivering or mailing to the other parties thereto, as aforesaid, a <br /> notice ref such r:hnnga. Any notice horeunder shall be doomed to have bean given to the Borrower or the Lander, when given In the manner <br /> dD:rigna'ied herein, <br /> tF3, TRn covermon nrw! npreornnnts heroin contained shall bind, an,1 the rights hereunder shall Inure to the respective heirs, personal <br /> ropremnntwiviju, succassors ($no exvignn of the parties, All covenants and agreements of the Borrower shall be ioint and several. Whenever <br /> rofnrnr,(:o is rnnde to rho singular horeuridar, It shat) clods the plural end the plural shall Include the singular. <br />