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<br />200601498 <br /> <br />TRUSTORS covenant and agree that a failure to make a payment, either principal or <br />interest, on the Note secured hereby when due and payable, or within thirty (30) days of said due <br />date, or in the event of failure to comply with any of the covenants and agreements herein made <br />shall cause the whole sum of money hereby secured to become immediately due and collectible at <br />the option of the BENEFICIARIES, and BENEFICIARIES shall have the right to cause Notice of <br />Default to be given and the premises to be sold as provided herein. <br /> <br />The parties mutually agree as follows: <br /> <br />A. At any time and from time to time upon written request of BENEFICIARIES, payment of <br />fees and presentation of this Deed of Trust and the Note for endorsement (in case of full <br />reconveyance, for cancellation and retention), without affecting the liability of any person <br />for the payment of the indebtedness, TRUSTEE may (a) consent to the making of any map <br />or plat of said property; (b) join in granting any easement or creating any restriction thereon; <br />(c) join in any subordination or other agreement affecting this Deed of Trust or the lien or <br />charge thereof; (d) reconvey this Deed of Trust or the lien or charge thereof; (d) reconvey, <br />without warranty, all or any part of said property. <br /> <br />B. The grantee in any Deed of Reconveyance may be described as "the person or persons <br />entitled thereto", and the recitals therein of any matters or facts shall be conclusive proof of <br />the truthfulness thereot: <br /> <br />C. Upon default by TRUSTORS in the payment of indebtedness secured hereby or in the <br />performance of any agreement hereunder, BENEFICIARIES may declare all sums secured <br />hereby immediately due and payable by delivery to TRUSTEE of written declaration of <br />default. If BENEFICIARIES desire said property to be sold, they shall deposit with <br />TRUSTEE this Deed of Trust and all promissory notes and documents evidencing <br />expenditures secured hereby, and shall deliver to TRUSTEE a written Notice of Default and <br />election to cause said property to be sold in the fonn required by law, which shall be duly <br />filed for record by TRUSTEE. <br /> <br />(1) After the lapse of such time as may be required by law (presently being one (1) <br />month following the recordation of said Notice of Default), Notice of Default and <br />Notice of Sale having been given as required by law, TRUSTEE, without demand <br />on TRUSTORS, shall sell said property on the date and at the time and place <br />designated in said Notice of Sale, at public auction to the highest bidder, the <br />purchase price payable in lawful money ofthe United States at the time of sale. The <br />person conducting the sale may, for any cause he deems expedient, postpone the <br />sale from time to time until it shall be completed and in every such case, notice of <br />postponement shall be given by public declaration thereof by such person at the time <br />and place last appointed for the sale; provided, if the sale is postponed for a period <br />longer than allowed by law, Notice thereof shall be given in the same manner as the <br />original Notice of Sale. TRUSTEE shall execute and deliver to the purchaser his <br />Deed conveying said property so sold, but without any covenant or warranty, <br />express or implied. The recitals in the Deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof Any person, including <br />BENEFICIARIES, may purchase at the sale. TRUSTORS hereby covenant to <br />warrant and defend the title of the above property to purchaser at sale. <br /> <br />D. When the TRUSTEE sells the trust property pursuant to the powers granted herein, the <br />TRUSTEE shall apply the proceeds from the sale of such property in the following order of <br />priority: <br /> <br />(1) To the cost and expense of exercising the power of sale and of the sale, including <br />attorney fees, evidence of title and other sale expenses, and a trustee's fee not to <br />exceed one percent (1 %) of the gross sale price; <br /> <br />-2- <br />