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<br />I <br /> <br />88- 101244 <br /> <br />10. As additional security Borrower does hereby <br />assign, transfer and set over to Lender, in case of default in <br />the performance of any of the terms or conditions of this Trust <br />Deed, the Note, or the terms of any indebtedness secured hereby, <br />all of the rents, revenues and any incomes of any type whatsoever <br />to be derived from the Property, including land contract <br />payments. Lender, in person, by agent or by receiver, without <br />regard to the solvency or insolvency of the Borrower or the value <br />of the Property, shall be entitled to take possession of, repair, <br />rent and manage the Property and to collect the rents, revenues <br />and income therefrom and it may payout of said income all <br />expenses of repair and costs incurred in renting and managing <br />the Property and collecting rentals and for payment of insurance <br />premiums with any remaining balance to the applied to the last <br />maturing payments of the debt secured hereby. Upon presenting a <br />copy of this Trust Deed and demand to any lessee, tenant or <br />contract purchaser of the Property, such perS0n shall pay all <br />rents, payments and profits accrued or thereafter accruing to the <br />Lender until further notice from the Lender. <br /> <br />11. Upon Borrower's breach of any covenant or <br />agreement of Borrower in this trust Deed, including the covenants <br />to pay when due any sums secured by this Trust Deed, or if all or <br />any part of the Property or any interest therein is deed, sold by <br />land contract or otherwise conveyed, alienated or further <br />encumbered either voluntarily or involuntarily without Lender's <br />prior written consent, excluding a transfer by operation of law <br />upon the death cf a joint tenant, then Lender at its option may <br />declare all of the sums secured by this Trust Deed to be <br />immediately due and payable without further demand and may invoke <br />the power of sale and/or any other remedies permitted by <br />applicable law including the right to foreclose this Trust Deed <br />in the manner provided by law for the foreclosure of mortgages on <br />real estate. Lender shall be entitled to collect all reasonable <br />costs and expenses incurred in pursuing such remedies including, <br />but not limited to, reasonable attorney's fees. <br /> <br />12. If the power of sale is invoked, Trustee shall <br />record a notice of default in each county in which the Property <br />or some part thereof is located and provide notice thereof in the <br />manner prescribed by applicable law. After the lapse of such <br />time as may be required by applicable law, Trustee shall give <br />public notice of sale to the persons and in the manner prescribed <br />by applicable law. Trustee, or the attorney for the Trustee, <br />without demand on Borrower, shall sell the Property at public <br />auction to the highest bidder at the time and place and under the <br />terms designated in the notice of sale in one or more parcels and <br />in such order as Trustee may determine. The Trustee may employ <br />the services of an auctioneer or other professionals to aid in <br />the conduct of the sale. Trustee may postpone sale of all or any <br />parcel of the Property by public announcement at the time and <br />place of any previously scheduled sale. Lender or Lender's <br />designee may purchase the property at any sale. <br /> <br />-4- <br /> <br />L <br /> <br />L <br /> <br />~ <br />