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200709845 <br />arrangements provided for in this sub - paragraph are for the added protection of <br />the Beneficiary, and entail no responsibility on the part of the Beneficiary. <br />VI. Neither conveyance or transfer of said Property, nor <br />assignment of this instrument shall be made without the written consent of <br />Beneficiary. <br />VII. Trustor covenants and agrees that a failure to make any <br />payment of either principal or interest on the note secured hereby when due and <br />payable, or a failure to comply with any of the covenants and agreements herein <br />made shall cause the whole sum of money hereby secured to become due and <br />collectible at once at the option of the Beneficiary, and Beneficiary shall <br />have the right to cause Notice of Default to be given and the Property to be <br />sold as provided herein. <br />3. TRUSTEE CONSENT. At any time, and from time to time; upon written request <br />of Beneficiary; the payment of fees and presentation of this Trust Deed and <br />note for endorsement (in case of full reconveyance, for cancellation and <br />retention), and without affecting the liability of any person for the payment <br />of the indebtedness, Trustee may (a) consent to the making of any map or plat <br />of said property; (b) join in any subordination or other agreement affecting <br />this Trust Deed or the lien or change thereof; (c) reconvey, without warranty, <br />all or any part of said property. <br />4. IDENTITY; RECONVEYANCE. The grantee in any reconveyance may be described <br />as "the person or persons entitled thereto ", and the recitals therein of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. <br />S. DEFAULT. Upon default by Trustor in the payment of any indebtedness <br />secured hereby or in the performance of any agreement hereunder, Benefici.ar.y <br />may declare all sums secured hereby immediately due and payable by delivery to <br />Trustee of written declaration of default. If Beneficiary desires said <br />property to be sold, it shall deposit with Trustee this Trust Deed and all <br />promissory notes and documents evidencing expenditures secured hereby, and <br />shall deliver to Trustee a written notice of default and election to cause said <br />property to be sold in the form required by law, which shall be duly filed for <br />record by Trustee. <br />(1) After the lapse of such time as may be required by law <br />following the recordation of said notice of default, and notice of default and <br />notice of sale having been given as required by law, Trustee, without demand on <br />Trustor, shall sell said property on the date and at the time and place <br />designated in said notice for sale, at public auction to the highest bidder, <br />the purchase price payable in lawful money of the United States at the time of <br />sale. The person conducting the sale may, for any cause he deems expedient, <br />postpone the sale from time to time until it shall be completed and, in every <br />such case, notice of postponement shall be given by public declaration thereof: <br />by such person at the time and place appointed for the sale; provided, if the <br />sale is postponed for longer than one (1) day beyond the day designated in the <br />notice of sale, notice thereof shall be given in the same manner as the <br />original notice of sale. Trustee shall execute and deliver to the purchaser <br />its deed conveying said property so sold, but without any covenant or warranty, <br />express or implied. The recitals of the deed of any matters or facts shall, be <br />conclusive proof of the truthfulness thereof. Any person, including <br />Beneficiary, may purchase at the sale. <br />(2) When Trustee sells pursuant to the powers herein, Trustee <br />shall apply the proceeds of the sale to payment of the costs and expenses of <br />exercising the power of sale and of the sale, including the payment of <br />Trustee's fees actually incurred, which Trustee's fees shall not in the <br />aggregate exceed the following amounts based upon the amount secured hereby and <br />remaining unpaid: 5 per centum on the first $1,000.00 thereof, .5 per centum on <br />the balance thereof; and then to the items in sub- paragraph (3) in the order <br />there stated. <br />(3) After paying the items specified in sub- paragraph (2) if the <br />sale is by Trustee, or the proper court and other costs of foreclosure and sale <br />if sale is pursuant to judicial foreclosure, the proceeds of sale shall be <br />applied in the order stated to the payment of: <br />(a) Cost of any evidence of title procured in <br />connection with such sale and for any tax on the <br />conveyance; <br />1' <br />