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F <br />1. Title moveyean Is suds upon and subject to the further trust that the sdd'CnraO`Ar hall cassaba ld quW <br />and paaemble poowsba of the above granted and described premises and take the profits thereof to his own use until <br />default be made its say payosat of on installment due on sold note or in the performance of any of the covenants or <br />men hies contained therein or In this Deed of Trust: and, also to secure the reimbursement of the Beneficiary or any <br />ether holder of said now the Trustee or any substitute trustee of any and all costs and expenses incurred, including <br />reawnabk attorneys' feet on aeeount of any litigation which may arise with respect to this Trust or with respect to <br />wal the indvbtedame evidenced by said note, the protection end mpinteasnre of the nmperty hereinabove described or in <br />Q0 obtaining possession of mW property after any sole which may he made as hereinafter provided. <br />Co Co <br />2. Upon the IsM psymnat of Wks Lsiahudr a s evidenced by seld note and the Interest thereat, the V -I of <br />0• all other times herein provided for. the repayment of all massive advanced or expended pursuant to add mom or tide <br />V4 inarumaN, and open the payment of all Giber proper evets. charges. commiWos. and expenses, the above daeail ed <br />property shell be rolsmad and recoaveyed is sod at the coa of the Trus for . <br />' 1. Upon default In any of fhe covenants or conditions of this Instrument or of the [tote or (mint sgreomem mewed <br />herehy. the Beneficiary or his @*signs may without notice and without regard to the adequacy of security for the in. <br />debtedGmas secured. either personally or by attorney or agent without bringing any action or Is oceedit% or by a <br />Go <br />Z <br />iver to be appointed by the court, enter upon and take possession of said property or any part thereof, and do any <br />acts which Beneficiary deems proper to protect the security hereof. end either with or without 'eking pooenion of <br />said property, collect and receive the rents, royalties, issues. and profilm thereof, including rents accrued and unpaid. <br />and apply the wine. lee come of operation and collection, upon the indebtedness secured by this Deed of Trost, seld <br />rents, royalties. isauve. and profits, being hereby assigned to Beneficiary as further security for the payment of ouch <br />indebtednrss. Exercise of rights under this paragraph shall not cure or waive any default or notice of defnit here- <br />under or invalidate may act done pursuant to such notice but shall he cumulative to any right and remedy to deelam a <br />default and to cause notice of default to be recorded as hereinafter provided, and cumulative to any other right and/ <br />or remedy hereunder, or provided by low, and may be exercised concurrently or independently. Expenses incurred <br />Ivy Beneficiary hereunder including reasonable attorneys fees shall be secured hereby. <br />4. The Trustetmmo mn1a and agrees that if he shall fail to pay said indebtedness, or any part thereof. when <br />due, or shall fail to perform any covenant or agreement of this instrument or of the promissory note secured hereby. <br />the entire indebtedness hereby secured shall immediately become dur, payable, and collectible at <br />the option of the Beneficiary or a igne. regardless of maturity, and the Beneficiary or assigns may enter upon said <br />property and collect the rents and profits ehrrrof. Upon such dersidt in payment or performance, and before or <br />after such entry, the Trustee. acting in the execution of this 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 <br />who has requested any notice of default and notice of sale by recording said request for <br />notice with the register of deeds in the county in which this instrument is recorded. and <br />after the lapse of time which is required by law after mailing the notice, the Trustee shall <br />have the power to sell said property, and it shrill be the Trustee's duty to sell said <br />property (and in case of any default of any purchaser, to resell) at public auction, to the <br />highest bidder, first giving five weeks' notice of the time, terms, and place of such sale, <br />by advertisement not less than once during each of said five weeks in a newspaper published <br />or distributed in the county or political subdivision in which said property is situated, <br />land the Beneficiary or any person on behalf of the firneficiary may bid and purchase at such sale). Such <br />ale will be held at a suitable place to be selected by the- flenefiriary within said enunly or political subdivision. The <br />Trustee is hereby authorised to execute and deliver to the purrhamer at *ug-h sate a sufficient conveyance of mid prop. <br />erty. which conveyance shall contain recitals w to the happening of default upon which the execution of the power <br />of role herein granted depends; and the aid Trustotl,rrrby ronatittara and appoints the Trustee as his agent and <br />'horsey in fact to make such recitals avid to execute aid conv,y once and hereby covenants and agrees that the re- <br />citals to made dull be biading and conclusive upon 1heTrustor and said conveyance shall be effectual to bar all <br />equity or right of redemption. homestead. dower. right of appraiarment, ands all other rights and exemptions of the <br />Truster all of which are hereby expressly waived and conveyed to the Trustee. Its the event of a mle w hereinoheve <br />provided. the Trustorw any penass in possession under the Tcustor shall then become and be tenants holding <br />over and shall forthwith deliver possession to the purchaser at such male or be aurnmarily dispossessed, in accordance <br />with the provisions of law applicable to tenants holding over. The power and agency hereby granted are coupled <br />with an interest and are irrevocable by death or otherwisr, and are granted as cumulative to all other remedies for <br />Ike collection of mid indebtedness. The Beneficiary or Ammigna may take any other appropriate action punmenl <br />to mate or Federal statute tither is mats or Federal court or otherwise for the disposition of The property. <br />S. In the event of a sale in provided in paragraph 4, the Trustee shall be paid a fee by the Beneficiary in an <br />amount Got in excess of percent of the grow amount of paid male or sales, provided, however, that the <br />amount of such fee shall be reasonable and shell he approved by the Benrfiriery as to reasonablener. Said fee <br />shall be in addition to the cams and expenses incurred by the Tr stee in conducting inch ale. The amount of such <br />costa and expenses shall be deducted and paid from the ale's proceed,&. It is further agreed that if said property <br />shall he advertised for male as herein provided and not sold, the Tnutee shall he entitled to a reasonable fee, in an <br />amount acceptable to the Beneficiary far the ornices so rendered. The Tauter shall also be reimbursed by the <br />Beneficiary for all costs and expenses incurred in connection with she advertising ..f said property for male if the sale <br />Is not consummated. <br />& The proceeds of any sale of said property in accord more with paragraph 4 shall be applied first to payment of <br />L fees, coma, and exps said sale, the expenses incurred by the itenefiriarry for thr purposr of protecting or main- <br />taining maid property and a reasonable attorneys fees; secondly, to payment of the indebtedness secured hereby; <br />and thirdly, to pay any ourplus or excess to the person or prrsons legally entitled thereto. <br />7. in live event maid property is old pursuant to the authorisation rnntsined in this instrument or at.• Jodleiml <br />forrrlesure ale snd the proceeds are not *efficient to pay the total indebtedness secured by this irstrYment and <br />evideced by said promissory note, tier Benrfiriery will be emitlyd to a deficiency judgment for the amount of the <br />dtfirieary without regard to sppnisempnt. thvjntsturbsving waived and **signed all rights of •pproiarment to the <br />Irrustrr. <br />