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. �{ i._ . q�;,i 1�,`�1�1�! � � � . , ,. ,. ,,.�y� � � .. . , .. ., -.., ... ----� � -� _— <br /> � . � ,�,v: <br /> - -- ,.r,�. _��*�i.:r:��,z:ri�wlel— �i-_ : <br /> . ,. .. , • <br /> ... '�__'_ � _ <br /> � _......,...�_ ..__-.-_--� <br /> . <br /> -.,,_. . � .. ...' u+:nwTr:��::--•---"_—._�' ' ""'_' ' " '__'_—__' _— _ __— <br /> . . '� '�f ...,..'.:,—____ . .. <br />-. . -t_ _jc1 . .. . .. . .... . . � _ <br /> I�� - . �,R . � .. '�1� � ' - ... _ -��`�_ <br />' . �f ' . . ,. ... ... ,.�.R-•�_ . • .I � � � -----..._ .. •. ___-. �._— <br /> . , .. , . <br /> � � <br /> , • <br /> , .""_"w.tw.. .._...,_...__._.�.�._......—...._�..-_...._..:t..._......... . .....r.�_w.:l.�:...........�.�...+�...._�, .. ... _ <br /> , �T, .. �. . vrm.-...,__..� <br />_ .. . .rA,lr�,........`-'"—_.... <br /> • � ° �� FuH Reconvey�nce: Upon wrftten tequest of Be�eficiary siatEng 4hot All sums secured hnroby hove been A�ild, �� �:�,�';`�": `��.;,-;;_-: <br /> "" Trustee shall reconvey,without warranty,the property then held hereunder. Thc�ecitals in such reconvayance af eny � �f •,•4a,.•,�:= <br /> ; • ,„ matters of fact shail be condusive proof of the truthfuin�ss thereot. The g►antee fn such reconveyance may be � '�_��;�i:�:,::,�;`�-'-°-_ <br /> � designated es"thQ penon or penons legaliy entitled thereto". Such requRSt and�econveyance shall operaU as e .L�i;�:.;Y:�;�;�_.,_.t� <br /> � - -- � �: rca�•sigr►ment of the rents,income,issues and profits hereinbefore assigned to Benetfciary. ' � � <br /> ., �. <br /> .. :: 9 <br /> . . —�=-'`_,►�.�t,�tiu�.:s.,-- <br />- . . --, �.�..._:._- .. <br /> Ri ht to CoUect and Recoive Reots end Protits: Notwithstanding any othe► provisfons hereof, Heneficiary , �,� ' ^ r::.- <br />_ <� hereby grants permission to T�ustor to cotlect and retain the rents,income,issues and profits of such proporty as thoy �-� <br /> �.ti�i" <br /> become due and payabie, !wt reserves the right to revoke such permission et any time, with or w�thout tauie, by .. . , � ���,;. <br /> �� notice i�writing to T�uftor,maiiod to Trustor at his last known address. 1�any event, such pe�mission to Trustor ^� r� <br /> � automatically shalt be revoked upon dafault by Maker or Trustor in payment of any f�debtedness secured he►eby or � � �> : <br /> � � in the performance of any agreement hereunder. On any such default,Benefi<fary may at any time without notice, • <br /> ; ,,. either i�person,by agent,or by recefver to be appointod by the Court,and without regard to the adequaty of any <br /> setu�ity tor the indebtedness secured hereby,enter upon and take possessioR of such property,or any part thereof, � � <br /> make, cancel, enforce or madify leases; obtain and eJect tenants, set or modity rents; in its own name sue or ' " 9 <br /> othe►wrise toi�ect the rents,income, issues and profits the�eof,inciuding those pmt due and unpaid; and apply the .. <br /> sAme. less costs and expenses of operation and coUection, including �easonabie attomey's fees, upon any • _ <br /> indebtedness secured hereby and in such order as Beneficiary may dete�mfne; and except for such appljcativn, <br /> Beneficiary shali not be Iiabie to any person for the coliedion or noncoliection of any rents,income,issues or profits, „ , _ <br /> " for the failure to assert or enforce any of the foregoing rlghts,nor shall Beneficiary be charged with any cf the dutiex <br /> and obligations of a mortgagee in possession. The entering upon and taking possession of such property, the •• ;,.,;=:.� <br /> caltectian af such rents, income, issues or �r�fits, the doing of other acts herein authori:ed, and the application L. . .. .`_. ,��° <br /> thereof as aforesaid,shati not cure or waive any defauit or notice of defauit hereunder or invalidate any aa done r -�-�= <br /> , pursuant to such notice, j ; �`.' `�� <br /> . ,�,,_. <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 her�under,or any agreement secured hereby, Beneficiary may deciare all sums - <br /> secured hereby immediatety due and payable and shatl cause to be fited of record a written notice of default and <br /> election to sell such property. Aher the lapse af such time as then may be required by Iaw following recordation of , �`��� <br /> such notice of default,and natice of sale having been given as then required by law,Trustee,without demand on : 's <br /> � Trusto�,shall seli such property,either as a whole or in separate parcels, and in s�ch order as it or Beneflcfary may �� <br /> dete�mine at pubiic auction to the highest bidder. Trustee may postpone the sale of all o� any portion of such �: l � <br /> ,.,. - <br /> I property by public announcement at the time and place fixed by the preceding postponement. 7rustee shal l del iver ` <, � <br /> to sattt purchaset'iLs dee� t��veying the property so sold, but without any covenant or warranty, expressed or � _ •�� <br /> implied. The recital in such deed of any matters of tact or otherwise shall be conclusive proof of the truthful�ess . , <br /> • thereof. Any person,including Trustor,T�ustee or Beneficiary,may pu�chase at such sale. Trustee may also Sell at any f ,;;� • i <br /> '' I such sale and as part thereof any shares of corporate stock seturing the obligation secured hereby, and Trusto� , <br /> waives demand and notice of such sale. (eeneficiary at its option may also fo�eclose on such shares by independent � . 1� �; <br /> J pledge sale, and Trustor waives demand and notice of such sale). Aher deducting atl costs, fees and expenses of ',�, <br /> t rustee,and of this Trust,inciud�ng cust of evidence of titie in cannection with such sale,Trustee shalt first apply the � . ;i � <br /> p <br /> roceeds of sa�e to payment oi al I sums expended under the terms hereof, not then repaid,with accrued interest at � :S� '��I <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 orpersons Iegally entitted thereto. ,:i � <br /> Substitutian of Trustee: 8eneficiary may,irom time to time,by instrument in writing,substitute a suttessor or <br /> � <br /> successors to any T�ustee named herein or acting hereunder, which instrurnent, executed and acknowledged by t <br /> ' Beneficiary and recorded in the office of the reg�ster of deeds of the county or counties where such property is � ,�;- <br /> situated,shall be condusive proof of prope►substitution of such successor Trustee or Trustees, who shall, without • , " <br /> conveyances from the Trustee predecessor,succeed to all its titte,estate,rights,power and duties. � • <br /> No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed oi Trust shall be effedive � <br /> unless in writing. Waiver by Beneficiary of any nght granted to Benefivary under this Deed of Trust ar 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 behalt of Maker or Trustor that Maker or Trustor was obligated he�eu�der,but • <br /> fai�ed to make or perform, or by adding any payment so made by eeneficiary to the indebtedness secured hereby, • <br /> Beneficiary does not waive its right to require prompt payment when due of alI other sums so secured or to require <br /> prompt performance of al�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 alt Maker's and 7rustor's obligations hereunder; <br /> ' � and to the exte�t permitted by law, Trustor waives all present or future statutes of limitations with respect to any <br /> debt,demand or obligation secured hereby�n any action or proceeding for the purpose of enforcing this Trust or any <br /> rights or remed i es hereu nder. <br /> � �nspectio�and Business Records: Benefivary at any time during t1�e co�tinuation 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 <ommerual or resident�al �ncome purposes. when requested by eenef�aary, Trustor wilt promptly deliver to <br /> ' Beneficiary such certitied f�nanc�al statements and profit and Ioss statements of such types and at such intervals as <br /> may be required by Beneficiary which wii�be in form and content prepared a<cording to the usual and aeceptable <br /> accounting pr�nciples and pract�ces,which statements shall cover the f�nanciat operetions relating to such property <br /> and Trustor turther agrees when requested by eenef�ciary to promptly deliver in writing such further additiondl <br /> information as required by Benefivary relaUng to any such f�nanual statements. <br /> � Ar�nla�atlnn[lauep� Should Trustar. or anv successor �n inte�est of TrustOr,voluntarily or involuntarily sell, <br /> exchange,convey,transfer,contract to selt,lease with opt�on to purchase,sublease,dispose of,change the <haracter <br /> or use of,or further encumber such property,or any part thereof,or any�nterest therein,or if any o�said parties shall <br /> � be divested af title to su<h real property or any part thereof or any interest therem either voluntanly or involuntarily, <br /> • , � or if title to such property be subject to any Iien or charge voluntanly or involuntarity, contractual or statutory, <br /> • � without the written consent of Beneficiary be�ng f�rst had and obtained, then eeneficiary shat� have the right, at its <br /> � °t vption,to dedare att;um::etuted hereby ferth��?h���P and payable; and th�s same riqht of acceleratio�shall be <br /> ' ! available to Beneficiary it the undersigned is a pannership and the interest of a general partner terminates, is <br /> assigned or transferred, or is d�minished or �i the undersigned �s a corporation and eny of the corporaYe stock is . <br /> � transferred,sold or assigned;or if the undersigned�s a trustee of a trust and there is a change of any of the beneficial <br /> interest of the trust. <br /> y <br /> '�' ' � <br /> . . <br /> � ' I <br /> 10�0100I9 NtV �190 VoqrAu�S <br />