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<br />"- <br /> <br />e <br /> <br />e <br /> <br />200800038 <br /> <br />arrangements provided for in this sub-paragraph are for the added protection of the Beneficiary, and <br />entail no responsibility on the part of the Beneficiary. <br /> <br />VI. Neither conveyance or transfer of said Property, nor assignment of this <br />instrument shall be made without the written consent of Beneficiary. <br /> <br />VII. Trustor covenants and agrees that a failure to make any payment of either <br />principal or interest on the note secured hereby when due and payable, or a failure to comply with <br />any of the covenants and agreements herein made shall cause the whole sum of money hereby <br />secured to become due and 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 sold as provided herein. <br /> <br />3. TRUSTEE CONSENT. At any time, and from time to time; upon written request of <br />Beneficiary; the payment of fees and presentation of this Trust Deed and note for endorsement (in <br />case of full reconveyance, for cancellation and retention), and without affecting the liability of any <br />person for the payment of the indebtedness, Trustee may (a) consent to the making of any map or <br />plat of said property; (b) join in any subordination or other agreement affecting this Trust Deed or <br />the lien or change thereof; (c) reconvey, without warranty, all or any part of said property. <br /> <br />4. IDENTITY; RECONVEYANCE. The grantee in any reconveyance may be described as "the <br />person or persons entitled thereto", and the recitals therein of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. <br /> <br />5. DEFAULT. Upon default by Trustor in the payment of any indebtedness secured hereby or in <br />the performance of any agreement hereunder, Beneficiary may declare all sums secured hereby <br />immediately due and payable by delivery to Trustee of written declaration of default. If Beneficiary <br />desires said property to be sold, it shall deposit with Trustee this Trust Deed and all promissory <br />notes and documents evidencing expenditures secured hereby, and shall deliver to Trustee a written <br />notice of default and election to cause said property to be sold in the form required by law, which <br />shall be duly filed for record by Trustee. <br /> <br />(1) After the lapse of such time as may be required by law following the recordation <br />of said notice of default, and notice of default and notice of sale having been given as required by <br />law, Trustee, without demand on Trustor, shall sell said property on the date and at the time and <br />place designated in said notice for sale, at public auction to the highest bidder, the purchase price <br />payable in lawful money of the United States at the time of sale. The person conducting the sale <br />may, for any cause he deems expedient, postpone the sale from time to time until it shall be <br />completed and, in every such case, notice of postponement shall be given by public declaration <br />thereof by such person at the time and place appointed for the sale; provided, if the sale is postponed <br />for longer than one (1) day beyond the day designated in the notice of sale, notice thereof shall be <br />given in the same manner as the original notice of sale. Trustee shall execute and deliver to the <br />purchaser its deed conveying said property so sold, but without any covenant or warranty, express <br />or implied. The recitals of the deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including Beneficiary, may purchase at the sale. <br /> <br />(2) When Trustee sells pursuant to the powers herein, Trustee shall apply the <br />proceeds of the sale to payment of the costs and expenses of exercising the power of sale and of the <br />sale, including the payment of 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 remaining <br />unpaid: 5 per centum on the first $1,000.00 thereof, .5 per centum on the balance thereof; and then to <br />the items in sub- paragraph (3) in the order there stated. <br /> <br />(3) After paying the items specified in sub- paragraph (2) if the sale is by Trustee, or <br />the proper court and other costs of foreclosure and sale if sale is pursuant to judicial foreclosure, the <br />proceeds of sale shall be applied in the order stated to the payment of: <br /> <br />(a) Cost of any evidence of title procured in connection with such sale <br />and for any tax on the conveyance; <br /> <br />(b) All sums then secured hereby; <br /> <br />~ <br />