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*0-- 101636
<br />1. This aw"YY is asatio upon ssti subject to the further trust that the aol•llrustprshall remain is qukt
<br />and paeesble possession of the above granted and described premises and take the profits thereof to his own use until
<br />default be made is my peymmut of an installment due on said note or to the performance of any of the covenant& or
<br />o wditioms contained iborein or In this Deed of Trust: and. alto* to secure the reimbursement of the Bene5ciary or any
<br />other holder of said now rite Trustee or any substitute trustee of any and all costs and expenses incurred, including
<br />reasonable stlormew rose. on ac*emnt of any litigation which may arise with respect to this Trust or with respect to
<br />The imdebtodnese ev, , I by sold note. the protection and maintenance of the property hereinabove described or in
<br />obtaining possession of said property after any sale which may he made as hereinafter provid"cd
<br />L Upon dw fwN psymno of tbo itdgbsedm a evidenced by said note and the interest thereon, the payment of
<br />all other same bosoia provided for, the ropyneml of all monies advanced or expended pursuant to maid now or this
<br />inwrsmon4 std ntpt►a Ion payssill wt of all other proper costs, charges, commissions, and expenses, the above described
<br />property shill be reMwtl and reeowveyfd to and at the cost of the Trustor .
<br />1. Upon defsah in any of the covenants or conditions of this instrument or of the note or loan agreement secured
<br />hereby, the Beneficiary or his assigns may without notice and without regard to the adequacy of security for the in•
<br />debledneea secured. either personally or by attorney or agent without bringing any action or proe"Aing, or by a
<br />receiver to be. appointed by the court, enter upon and take possession of said properly or any part thereof, and do any
<br />acts which BemeWary derma proper to protect the security hereof, and either with or without taking possession of
<br />Paid property, collect and receive the rents, royalties, issues, and profits thereof, including rents accrued and unpaid,
<br />and apply the same. less costs of operation and collection, upon the indebtedneas secured by this Dred of Trust, said
<br />rents, royalties, issues, and profits, being hereby sniped to Beneficiary an further security for the payment of such
<br />indebtedness. Exercise of rights under this paragraph shall not cure or waive any default or notice of default here.
<br />under or invalidate any act done pursuant to such notice but shall he cumulative to any right and remedy to declare a
<br />default and to cause notice of default to be recor'efrd as hereinafter provided, and cumulative to any other right and/
<br />or remedy hereunder, or provided by law, anti may be exercised concurrently or independently. Expenses incurred
<br />by Beneficiary hereunder including reasonable attorneys' fees shall be secured hereby.
<br />4. The TrustPreovemenla and agrees that if he shell 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 herome dttr, payable, and collectible at
<br />the option of the Beneficiary or assigns, regardless of maturity, and life Beneficiary of assigns may enter upon said
<br />property and collect the rents and profits thereof. Upon such def:urlt 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
<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 prover to sell said property, and it shall he 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 lees 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 pereton on behalf of 111e Beneficiary may hid and purchase at such sale). Such
<br />sale will be held at a suitable place to be neircled by the Beneficiary within said county or political subdivision. The
<br />Trustee is hereby authorised to exerule and deliver to the porrhamer at such wale a mulficirnt conveyance of said prop-
<br />erty, which conveyance shall contain recitals so to the happening of default upon which the execution of the power
<br />of sale herein granted depends: and the maid Tr— tO>tirrrlry vorfstitutrm and appoints the Trustee as his agent and
<br />.ttorney in fact to make arch recitals stiff to execute said rnnvevanrr and IICN by covenants and agrees that the re-
<br />citals so made shall be binding and conclusive upon theTrus for and maid conveyance mhall be effectual to bar all
<br />equity or right of redemption, homestead. dower, right of appraiorment, an+ all other rights and exemptions of the
<br />Trus toc all of which are hereby expressly waived and conveyed to the Trunlee.lu the event of a sale as hereimabove
<br />provided. the Trustora any person in possession under theTrustor shall then become and be tenants holding
<br />over and shall forthwith deliver possession to the purchaser at such sale or be mommarily 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 internm and are irrevocable by death or otherwise, and are granted an cumulative to ail other remedies for
<br />the collection of said indebtedness. The Beneficiary or Assigns may take anv other appropriate action pursuant
<br />to state or Federal statute either in state or Federal court or otherwise for the disposition of the property.
<br />S. in the event of a sale as provided in paragraph 4, the Trustee shall br paid a fee by the Beneficiary in an
<br />amount not in excess of 20 percent of the gross amount of maid sale or salvo, provided, however, that the
<br />amount of such fee shall be reasonable and shall he approved by the Heneficiery too to rraonnableness. Said fee
<br />shall be in addition to the costs and expend" incurred by the Touter in rondurting such mair. Thr amount of such
<br />costs and expenses shall be deducted and paid from the nale'm proceeds. it in further agreed that if said property
<br />shall hr advertised for sale as herein provided and not mold, live Tauter. shall Ito, enlilled to a reasonable fre, in an
<br />amount acceptable to the Beneficiary for the nervices so rendered. The Tntntee -hall almn for reimbursed by the
<br />Beneficiary for all east& and expensem incurred to connect into with Ihr advertising of maid prnprri% for -ale if the male
<br />is not consummated.
<br />L6. The prime" of any sale of said property in accordance with paragraph 4 shall he applied Fret to payment of
<br />f"s4 COMA, and expenam of sold safe, the Peftrntw•n incurred by the Hrnrliriarf for the purpnsr of protecting or main•
<br />taining said property anti a reasonable attorneys' feeat meroud1%, to payment of tier indrbtrdnrss sensed hercbr;
<br />and Thirdly, to pay any surplus or excess to the person ear per,ons legally entitled thereto,
<br />1. In the event said property is sold pursuant to lite authorization rnntainrrl to Ibis instrument nr at m jodiriml
<br />fore,-Insure malr and the proce"Is are not sufficient to pay the tetlsl indpbtnlnrns mernfrd by shim mmirnrnrnt oat
<br />evidenced by said promissory nolr, lite Hrnrlirisry will he rrtlitled to A dPfrrirorr jrntarnpnt f,t, 1hP sn,uunf of the
<br />dpfirienry without regard to splorsisrmreet, the rrrrvto,rhmvinx wanr,l and mAmeKnrd old ,.a9.ts oi' apt,rw,� lnPnt t,, !h.•
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