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104476
<br />Is tow, br afarrnd or further nnc _.coed without rho soprano or wrirtali Comment of Beneficiary,
<br />IataTy ROY. at its sole option, declore all a secured by this Asad of "Crust to ba jappootraly
<br />due and Payohla and proceed to the romotitoo aysflahla to it under the dnfatilt proof tonfai
<br />heroin,
<br />till - Any of the following nvelata shall be deposit!
<br />_ meant of Aafsult herenaJ l
<br />(a) Traotar abaft have fatlsd to Millis peoJapprot of any taotalumt of Internet,
<br />prinofpal of prtnaipal and Internet or any other am secured hereby whaps dun;.
<br />(h) Thmove ban ovcurred a breach of or default under any term, VOV@n4wlto
<br />woomitimpt. cippoitc1log, provision, r raasntatlon or warranty postoplevol to this d
<br />of Trc, the natty or any other loan Instrument secured hereby;
<br />(e) There has boas a default by the Trustee to the p#ywwt of prior or
<br />subsequent lien or mac rove In respect to all or my part of tine property;
<br />(d) Truster shall file a voluntary petition In bankruptcy or owl be 44J40-
<br />' cared bmkvtWt or insolvent. or *hall waso an goolipposapt for rim benefit of crsdltare
<br />lm r ct to the propertyl or an action to enforce any lion or eras r ca or lu #g-
<br />ta 44141,04t the property to commenced,
<br />11. Areoie i C Rafauit. in the event of may default, g ficlary y davlare all i t sso
<br />secured orb t- be d bead pby Wlo, mud the saw shall thereupon hoc due and payrble without, any
<br />Pr#*"t%Out. de d, protest or notice of any kind. 'thereafter, beneficiary
<br />am
<br />is
<br />(a) either In par or by agent, with or without briniling any action or pro -
<br />reading, nr by receiver appotntad by a court and without regard to the *4esitiacy of
<br />any security. enter upon and take possession of Clio property, or any part thereof,
<br />in Its awn time or in then of the Trustee, and do any acts which It damoo necessary
<br />mad desirable to preserve rho value, marketability or rentability of the property. or
<br />part thereof or Interest therein, tncromme the income therefrom of protect the security
<br />hereof and, without taking posaaaa/on of the property, sue for or otherwise colle.ce the
<br />rents, issues and profits thereof, including those pant duo and unpaid, and apply the
<br />same, leas posts and expenses of operation and collection. Including attorney fees, upon
<br />any indebtedness secured hereby, all in much order as beneficiary may rietarmine. The
<br />entering upon and taking possession of the trust estate, the collection of such rants,
<br />Issues and profits and application thereof an aforesaid shall not cure or waive may de-
<br />fault or notice of default hereunder or Invalidate any act and In response to such de-
<br />fault or pursuant to much notice of default and. notwithstanding the continuance in
<br />possession of the property or the collection, receipt and application of rents, issues
<br />Or profits. Trustee or Beneficiary may he entitled to exercise every right provided for
<br />In any of the loan inatruments or by law upon occurrence of any .avant of default, in-
<br />cluding the right to exercise the power of sale;
<br />(b) commence an action to foreclose this Dyed of Trust as a mortgage, appoint
<br />a receiver, or specifically enforce any of the covenants hereof;
<br />(c) deliver to Truvt,ee a written declaration of default and dentand for sale.
<br />and a written notice of default and election to cause Truator's Interest In the property
<br />to be sold, which notice 'trustee shall cause to be duly filed for record tit the official
<br />records of the county in which the property is located.
<br />13. Forecloses b Power of Sale. Should beneficiary elect to foreclose by exercise of the power
<br />of sale he—rain contained, latw !�` iry shall notify Trustee and shall deposit with Trnstaa this Deed of
<br />Trust &A the note and such receipts and evidence of expenditures and* and secured hereby an Trustee
<br />may rewire, and upon request of the Beneficiary, the Trustee shall file for record. In the Register
<br />of Dootts office In the County where the property in located, a notice of default, setting forth the
<br />now of the Truster. the Book and Page or Document No. of this [feed of 'Trust an recorder! In said
<br />Register of Deeds office, the legal description of the above- deacrtbad real estate and that a breach
<br />of an obligation, for which said real estate was conveyed as security, has occurred, and setting forth
<br />the nature of such breach and the Trustee'n election to mall the real estate to satisfy the obligation;
<br />and after the lapse of not less than one (1) month, the Trustee shall give written notice of the time
<br />mid Place of sale which may be between 9:00 a.m. and S p.m. at the premises, or at the taurthouse 1n
<br />the County wherein such property to located, dascriblng the property to he gold by Its legal descrip-
<br />tion, said notice to he published In a newspaper of general circulation in the I:ounty wherein much
<br />property to located. once a week for five (S) consecutive weeks, the last publication to be at least
<br />ten (1.0) days, but. not more than thirty (34) days, prior to the sale; and the Trustee shall than sell
<br />paid property at the time and place designated in the notice, In the manner provtded by law in effect
<br />at the time of filing said notice, at public auction to the highaat bidder for cash and shall deliver
<br />to ouch purchaser a dead to the property sold, consistent with the last in effect at the time,
<br />Upon receipt of the price bid, Trustee shall deliver to the purchase, Trustee's deed conveying the
<br />property gold. Recitals in the Trustee's deed shall be prime facie evidence of the truth of the state-
<br />rents mode therein. Trustee shall apply the proceeds of the sale in the following ordar: (a) to all
<br />rommonable costs and expenses of the sale, including but not limited to, Trustee's fees of not more
<br />t R of the gross *al* price, reasonable attorney face and costs of title evidence; (b) to all
<br />even secured by this Flood of Trust; and (c) the excess, if any, to the person or persons legally en-
<br />titled thereto. Any person, including Beneficiary, may purchase said property at said sale.
<br />The person conducting the sale may, for any cause he or site dome expadiant, postpone the sale from
<br />rim to time until it shall be completed and, In every such came, notice of pontponvistint shall he given
<br />by public declaration thereof by such person at the rim red place last appointed for fire gale; pro-
<br />vi , it the sale In postponed for longer than one (1) day beyond the date designated in the notice of
<br />axle, notice thereof shall be Riven In the stage manner as the original notice of sale.
<br />l4. S Nat ,ivq. Trustee and Beneficiary, and each of thy. shall he entitled to eta•
<br />force -p mn
<br />Re
<br />t pertro ce of any indebtedness or obligation secured hereby and to exercise all rights
<br />papers and under this Deed of Trust or under any loan Instrument or other agreement or any laws now or
<br />kwwO,tft enforced, notwithstanding or all of the Indebtedneas and obilgations secured hereby
<br />wh10 may Row or hereafter, be otherwise secured, whether by mortgage, dead of trust, pledge, lion, anaign-
<br />t ar ot:hetwiea. Neither the screptance of this Deed of Trust nor Its enforcement, whether by court
<br />eat ar Pursuant to Clip power of sale ar other powers herein contained, shall praludt.e°e of in any
<br />affamt Tr 'a or emficiary's right to rea.li6e upon or enforce any other ssrurity now or here-
<br />after hold by Trustee or Beneficiary, it being &Armed that Trustee and beteeficlary, and each of them,
<br />shall be entitled to enforce this _ of Trust and any Other moc.urity now air hereafter held by the 11"a-
<br />ficiary or Irmattat to such order end manner so they, or either of Chain, may in thel.e obmalm a discretion
<br />NO remedy herein conferred upon or reserved to Trustee car Aeneficlary In Intended to be ex-
<br />OImwftg of di aches remedy herein or by law provided or permitted. but each shall be comulatIvc and
<br />.l he to tiem to every other remedy gives hereunder at now of hereafter aristing At law or In
<br />ry ar by statute, Rvsry Power or rowdy given by any of the Joan Instruments to truntre at Rene -
<br />flefavy of to which either (if them may be otherwise entitled MAW hx a rrtaed, c,asjcurrent IV Ot Indepan -
<br />ly. free Haag to fine and as often as any he 4"peal expoollent by Trustoa or Beneftctaru, and either
<br />Of t _ Porous f essalet t revirdlan, Nothing heraln mall he -Ant.ruod sin prnt,nblttnp Konortutarx
<br />from smoking a deflelency to ot. aaalnmt Tru:+tor to the extent, surh net tcua to perssltted bo law.
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