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200202578 <br />(b) No provisions of this Deed of Trust shall require Trustee to expend or risk its own <br />funds, or otherwise incur any financial obligation in the performance of any of its duties hereunder, or in <br />the exercise of any of its rights or powers, if it shall have grounds for believing that the repayment of <br />such funds or adequate indemnity against such risk or liability is not reasonably assured to it; <br />(c) Trustee may consult with counsel of its own choosing and the advice of such counsel <br />shall be full and complete authorization and protection in the respect of any action taken or suffered by it <br />hereunder in good faith and in reliance thereon; <br />(d) Trustee shall not be liable for any action taken by it in good faith and reasonably <br />believed by it to be authorized or within the discretion or rights of powers conferred upon it by this Deed <br />of Trust. <br />12. In the event of any default under, under this Deed of Trust or the Note, Trustee shall, at the <br />request of the Beneficiary, be entitled, at any time, and without regard to the value of the security or the solvency <br />or insolvency of Trustor, to enter upon and take possession of the Trust Property, or any part thereof, and to do <br />and perform such acts as may be necessary or proper to repair, protect and conserve the value thereof, and to rent <br />or lease the same, or any part thereof, upon such rental terms and conditions as its judgment may dictate, and to <br />collect and receive the rents, issues and profits thereof, which said rents, issues and profits, present and future, are <br />hereby assigned to the Trustee as further security, but which assignment Trustee agrees not to enforce so long as <br />no such default has occurred. <br />13. Trustor expressly covenants and agrees to pay and discharge all costs, fees and expenses of this <br />Trust, including, in the event of sale by the Trustee of the Trust Property, the Trustee's costs, expenses and fees, <br />which fees shall not exceed $500.00 plus one -half of one percent of the amount secured hereby and remaining <br />unpaid. <br />14. If Trustor shall sell or convey the Trust Property, or any part thereof or any interest therein, or <br />shall be divested of its title or any interest therein, in any manner or way, whether voluntarily or involuntarily, <br />without the written consent of Beneficiary being first had and obtained, Beneficiary shall have the right, at its <br />option, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in <br />any note evidencing the same, immediately due and payable without notice, and said debt shall thereupon become <br />absolute. If the ownership of the Trust Property, or any part thereof, becomes vested in a person other than the <br />Trustor, Beneficiary and Trustee may, without notice to the Trustor, deal with such successor or successors in <br />interest with reference to this Deed of Trust and the debt hereby secured as with the Trustor, and may forbear to <br />sue or may extend time for payment of the debt hereby secured without discharging or in any way affecting the <br />liability of the original Trustor under this Deed of Trust or any Note secured thereby. <br />15. Trustor will pay to Trustee and to the Beneficiary respectively, upon demand, the amounts of all <br />sums of money which either shall have paid or expended in curing any default of Trustor under this Deed of <br />Trust, together with interest upon each of said amounts, until paid, from the time of expenditure thereof, at a rate <br />of 14 % per annum. All of said sums shall be due and payable, together with interest aforesaid, immediately upon <br />the advancement thereof. Neither Trustee nor Beneficiary shall be under any obligation, however, to cure any <br />default of Trustor. <br />16. In case Trustor shall well and truly perform its obligation under this Deed of Trust and pay, or <br />cause to be paid, the debt evidenced by the Note and all other moneys agreed to be paid by it under the terms, <br />provisions and conditions of this Deed of Trust, and the reasonable expenses of the Trust as herein provided, then <br />the Trustee, its successors or assigns, shall reconvey to Trustor all of the Trust Property conveyed to Trustee by <br />the Trustor. Any part of the Trust Property may he reconveyed at any time to the Trustor at the request of the <br />Beneficiary without affecting the validity and priority of the lien of this Deed of Trust upon the remainder of the <br />Trust Property. <br />17. In the event any one or more of the provisions contained in this Deed of Trust or in the Note <br />shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or <br />unenforceability shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but this <br />Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had never been contained <br />herein or therein. <br />18. Upon default by Trustor in the payment of any indebtedness secured hereby or in the <br />performance of any agreement hereunder or any agreement secured hereby, Beneficiary may declare all sums <br />secured hereby immediately due and payable and may cause to be filed of record a written notice of default and <br />election to sell the Trust Property. After the lapse of such time as then may be required by law following <br />recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, <br />without demand on Trustor, may sell such property, either as a whole or in separate parcels and in such order as it <br />or Beneficiary may determine, at public auction to the highest bidder. Trustee may postpone the sale of all or any <br />