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200405749 <br />1. This conveyance is made upon and subject to the further trust that the said Trustor shall remain <br />in quiet and peaceable possession of the above granted and described premises and take the profits thereof to <br />his own use until the default be made in any payment of an installment due on said note or in the performance <br />of any of the covenants or conditions contained therein or in this Deed of Trust; and, also to secure the <br />reimbursement of the Beneficiary or any other holder of said note, the Trustee or any substitute trustee of any <br />and all costs and expenses incurred, including reasonable attorney's fees on account of any litigation which <br />may arise with respect to this Trust or with respect to the indebtedness evidenced by said note, the protection <br />and maintenance of the property hereinabove described or in obtaining possession of said property after any <br />sale which may be made as hereinafter provided. <br />2. Upon the full payment of the indebtedness evidenced by said note and the interest thereon, the <br />payment of all other sums herein provided for, the repayment of all monies advanced or expended pursuant to <br />said note or this instrument, and upon the payment of all other proper costs, charges, commissions, and <br />expenses, the above - described property shall be released and reconveyed to and at the cost of the Trustor. <br />3. Upon default in any of the covenants or conditions of this instrument or of the note or loan <br />agreement secured hereby, the Beneficiary or his assigns may without notice and without regard to the <br />adequacy of security for the indebtedness secured, either personally or by attorney or agent without bringing <br />any action or proceeding, or by a receiver to be appointed by the court, enter upon and take possession of said <br />property or any part thereof, and do any acts which Beneficiary deems proper to protect the security hereof, <br />and either with or without taking possession of said property, collect and receive the rents, royalties, issues, <br />and profits thereof, including rents accrued and unpaid, and apply the same, less costs of operation and <br />collection, upon the indebtedness secured by this Deed of Trust, said rents, royalties, issues, and profits being <br />hereby assigned to the Beneficiary as further security for the payment of such indebtedness. Exercise of <br />rights under this paragraph shall not cure or waive any default or notice of default hereunder or invalidate any <br />act done pursuant to such notice but shall be cumulative to any right and remedy to declare a default and cause <br />notice of default to be recorded as hereinafter provided, and cumulative to any other right and/or remedy <br />hereunder, or provided by law, and may be exercised concurrently or independently. Expenses incurred by <br />Beneficiary hereunder including reasonable attorney's fees shall be secured hereby. <br />4. The Trustor covenants and agrees that if he shall fail to pay said indebtedness, or any part <br />thereof, when due, or shall fail to perform any covenant or agreement of this instrument or of the promissory <br />note secured hereby, the entire indebtedness hereby secured shall immediately become due, payable, and <br />collectible at the option of the Beneficiary or assigns, regardless of maturity, and the Beneficiary or assigns <br />may enter upon said property and collect the rents and profits thereof. Upon such default in payment or <br />performance, and before or after such entry, the Trustee, acting in the execution of this Trust after the notice of <br />default has been recorded, shall mail a copy of the default to each person who is a party to this instrument, at <br />the address set out in this instrument, as well as to any person who has requested any notice of default and <br />notice of sale by recording said request for notice with the register of deeds in the county in which this <br />instrument is recorded, and after the lapse of time which is required by law after mailing the notice, the <br />Trustee shall have the power to sell said property, and it shall be the Trustee's duty to sell said property in case <br />of any default of any purchaser, to resell at public auction, to the highest bidder. The Trustee shall first give <br />five weeks' notice of the time, terms, and place of such sale, by advertisement not less than once during each <br />of said five weeks in a newspaper published or distributed in the county or political subdivision in which said <br />property is situated and written notice of sale shall be mailed to each person who is a party to this instrument at <br />the address set forth herein (and the Beneficiary or any person on behalf of the Beneficiary may bid and <br />