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<br />"Mm" W& 011 rseya' taco, on anmwnt of any litigation which may *rim with respect to this Trod or with ralwA to
<br />the i evidenced by aid note, the protection and maintenance of the property heroinabero doieribed or in
<br />obtalsing possession of oidd properly after any sale which may be made no hereinafter provided
<br />Z. Upon the roll payttoom of the Indebtedness evidenced by said note and the interne theraoa, the poysmon of
<br />all other wms herein provided for, the repayment of all monies advanced or expended pursuant to raid solo or this
<br />instrument, std rapes the payment of all other proper teas, eftarRns, commissions, and expenses, the above described
<br />property shall be rehuued and secasveyed to and at the cost of the Truster.
<br />3. Upon default In ay of the covenants or conditions of this instrument or of the note at, loan agreses tent oseaned
<br />hereby, the lienefielsry or his assigns may without notice and without regard to the adequacy of security for the in•
<br />debledrom secured, either personally or by attorney or agent without bringing ally action or proceeding, or by a re-
<br />ceiver to be appointed by the court, enter upon and lake possession of said property or stay part thereof, and do any
<br />WS which Beaeficisry die, proper to protect the security hereof, and either with or without taking pessssdI of
<br />said property, collect and receive the rents, royalties, iastes. aml profits thereof, including rents accrued std unpaid.
<br />and apply the soma, eo oasts of operation anti collection, upon lite indebtedness see red by this Dead of Trust. amid
<br />rents, royalties, inon. and profits. being hereby assigned e
<br />ned to Refciary s further security for the payment of such
<br />indebtedness. Exerciso of rights under this paragraph shall not core or waive any default or notice of default hem
<br />order or invalidate any act done pursuant to such notice but shall le cumulative to any right and remedy to declare
<br />a default and to cause notice of default to be. recorded as hereinafter provided, and cumulative to any other right
<br />and /or remedy hereunder, or provided by law, and may be rxrreisr +I concurrently or independently. Expenses in•
<br />curred by Beneficiary hereunder including reasonable atlorneye' fern shall be. secured hereby.
<br />4. ThelruOtWesvenants and agrees that if he shall fail to pay said indebtedness, or any part thereof, when
<br />due. or shall fag to per10i any covenant or agreement of this instrument or of tier promissory note secured hereby.
<br />the entire indebtedness hereby secured shall immediately become due, payable, and collectible at
<br />the optidm of live Beneficiary or assignee, regardless of maturity, anti the Beneficiary or assigns may enter upon said
<br />property and collect the rents and profits thereof. Upon such default in payment or performance. and before or
<br />after such entry. the Trustee, acting in the execution of thin Trust, after the notice of default has
<br />been recorded, shall mail a copy of the default to each person who is a party
<br />to this instrument, at the address set out in this instrument, as well as to any person who
<br />has requested any notice of default and notice of sale by recording said request for notice
<br />with the register of deeds in the county in which this instrument is recorded, and after
<br />the lapse of time which is required by law after mailing the notice, the Trustee shall have
<br />the power to sell said property, and it shall be the Trustee's duty to sell said property
<br />(and in case of any default of any purchaser, to resell) at public auction, to the highest
<br />bidder, first giving five weeks' notice of the time, terms, and place of such sale, by
<br />advertisement not less than once during each of said five weeks in a newspaper published or
<br />distributed in the county or political subdivision in which said property is situated,
<br />(and the Beneficiary or any person oil behalf of the Reneficiary may bid anti purchase at such sale I. Such
<br />sole will be held at a suitable place to be aelected by the Beneficiary within said county or political subdivision. The
<br />Trustee is hereby authorised to execute and deliver to the purchaser at such sale a sufficirnl conveyance of said prop-
<br />erty. which conveyance shall contain recitals as to the happening of a default upon which the execution of Ilse power
<br />of ale herein granted depends. and the midTrustothercl ► y constitutes and appoints the Trustee as his agent and
<br />attorney in fact to make much recitals and to execute said conveyance and hereby covenants and agrees that the re-
<br />citals so made shall be binding and conclusive upon theTrustor and said c!rveyance shall he effectual to bar all
<br />m
<br />equity or right of redemption. hoestrad. dower, right of appraisrmrnt. and ,fl other rights and exemptions of the
<br />Trustee all of which are hereby expressly waived and conveyed to the Trustee. In the event of a salr as herrinabove
<br />provided, the Trustoror any person in possession under theTrus tor shall then become and be tenants holding
<br />over and shall forthwith deliver possession to lire purchaser at such sale or be summarily disponeseed. in accordance
<br />with rite provisions of law applicable to tenants balding aver. The power and agency hereby granted are coupled
<br />with an interest and are irrevocable by death or otherwise, and are granted as cumulative to all other remedies for
<br />the collection of said isdabtsdeas. The Beneficiary or Assigns may take any other appropriate action pursuant to state
<br />or Federal statute either in state or Federal court or otherwise for the disposition of the property.
<br />S. Is the event of a ame as provided In paragraph 4, the TruMee shall be paid a fee by the Beneficiary In an
<br />amraunt not in excess of percent of lire groom amount of said Bair or sales, provided, however. that the amount
<br />of such fee shall be contestable and shall be approved by the Renrficiary as to reasonableness. Said fee shall be in addi•
<br />Rim to the eases and expanses incurred by the Truster in conducting well sale. The amount of such cash and expenses
<br />droll be dedw ed and paid from the ale's proceeds. It is further agreed that if said property shall be advertised for ale
<br />as homi n provWd and met said. the Trustee shall Iry entitled to a reasonable fee, in an amount acceptable to the Berne.
<br />fitiary for the aetvilti t as tendered. The Trustee Beall also be reimbursed by the Beneficiary for all calls and expenses
<br />incurred In eamaestim with the advertising of said property for sale if the esle is not consummated.
<br />b. The preoseds of ay mole of said property in accordance with paragraph 4 stall be applied first to payment
<br />of fors, cosh. and exile ems of said ale. the expenses incurred by the Beneficiary for the purpose of protecting or
<br />mosintainleg said property ad romem a attorneys' fees. secondly, to payment of the indebtedness osevsrod hereby:
<br />and thiiirdly. w sty any surplus or excess to the peraoa at persons Dally entitled thereto.
<br />T. Is the avant said property is sold pursuant to the authariestioen contained In this imwrwenent or at a Wicial
<br />for" ale and the prorwelo are not wArient to pay the total indrMednem serured by this instrument and
<br />ovil i A by said ps andeem y safe. the Bealeficlary will be entitled to a deficsieey judgment fur the amount of the
<br />rtef.rirnry wetheut regard to anorsisrmrnt. aheTruatun ;,avinr wsivenl end smianrd all rights of appraisrment to the
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