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F <br />101880 <br />L This ism minam is taado upn and aahjaet to the further trust that the "M I 'Is W-1 shell ressalm in tiew <br />sad poasasbis ifeenn inn el the abet pop" and deaenW premiere and take the profits thereof to his own use Usti) <br />defwh be seed* is my paysm" of on *ntolhne*t due on said note or to the performance of any of the covenants or <br />opmethis ee eawtaiwod tharui s or in this Deed of Trams and, also to secure the reimbursement of the Beneficiary or arty <br />other holder of said eels. the Trtislte or any aubslitme Wallace of any and all costs and expenses incurred. including <br />eeosPnoile sowneye fia, ow taepAsent of my litillatim which may arise with respect to this Trust or with respect to <br />iko iadeila 1 evidPa std by said *Pitt. ilia pretertan and maintenance of the property hereinebove described or in <br />aitPining ptwsois* of ssY property sit" any sale which may he made as hereinafter provided. <br />I Upon lb fact pt>'mme. of tb I dahtaddsPw avWsneed by said note meal the Interest thereon, the payenawt of <br />Bq other seems berets p ended tor. the ropsynsew of all seenies advanced or expended pursuant to said now or this <br />inrlwwaml, uu) option, des poya wt of A ath r paper costs, charass, commission@, and expenses, the slue desetilled <br />property *limit to s -1 -- l and ni ssavtyod w Bad at tb cost of dw T ru s f o r . <br />3. Upon delleak in Bay of hilt cevewawb or conditions of this inslrumenr or of the now or lose agreement secured <br />hereby. the Deneficlory or his ...Ill may without notice and without regard to the adequacy of security for the in• <br />dehledwso oreat+adl either pesseaully or by attorney or agent without wringing any action or preceding, or by a <br />receiver to be appoi -me d by the court. enter upon and take Voiam ion of said property or any part thereof, and do any <br />acts which Beneficiory der*a proper to protest the security herrof, and either with or without taking possession of <br />said psepotrty. collect and receive the rents, royalties, awes, and profits thereof, including rents accrued and unpaid. <br />sued apply the "me. less costs of operation and collection, upon tle indebtedness secured by this Dred of Trust, said <br />rrats. royalties. is im s, and profits, bring hereby assigned to Beneficiary as further security for the payment of such <br />indeMednras Exercise of rights under this paragraph shall not cure or waive any default or notice of default here. <br />»suer or invalidate my act done pursuant to surh notice bout shell he ruminative to any right and remedy to declare ■ <br />default and to cause notice of default to be recorded so hereinafter provided, and cumulative to any other right and/ <br />or remedy hereunder, or provided by law, and may be paerciard concurrently or independently. Expenses incurred <br />by Beneficiary hereunder including reasonable attorneys' fees shall be . ecured hereby. <br />4, The TrustpRew enta and agrees that if he shall fail to pay amid indebtedness, or any part thereof, when <br />due, or shall fail to perform any covenant or agreement of this in- irument or of the promissory note secured hereby. <br />the entire indebtednew hereby secured shall immetliatety become door, payable, and collectible at <br />the option of the Beneficiary or Bssigns, regardless of maturity, and flip Beneficiary or assigns may enter upon said <br />property and collect the rents and profits thereof. Upon such drLndt in payment or performance, and before or <br />after such entry, the Trustee. acting in the execution of fhia Trust, after the notice of default has <br />.been recorded, shall mail a cop} 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 sh ::It he rhr 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 r.f the t!me, terms, and place of such sale, <br />by advertisement not less than once during each of ;,lid five weeks in a newspaper published <br />or distributed in the county or political subdivf; ton in which said property is situated, <br />fond the Beneficiary or arty person on behalf of flu• llrnrfirian mow hid and purchase at such sale). Such <br />sae will be held at a suitable place to be selected by the Belrrftrlary within said County or political subdivision. The <br />Trumtre is hereby wthorisled to execute and deliver ht rhr purclaerr at -urh sale a oufftcirnt conveyance of said prop• <br />erty. which conveyance ohall contain recitals w to the happening of default upon which file execution of the power <br />of we herein granted depends; and the said TrustOlhrrrhv roiminete. and appoints the Trustee as his agent anti <br />.ttorney in fact to make such recitals and to rxrrutr said con „•e ante and lic0by covenants and ogre” that the m. <br />rotate w made sball be binding and conclusivr upon lheTrus tsar and .aid rn,evonce shall be effectual to bar all <br />eq►sity or right of redeenptioa, honnotead, dower, right of appraisrment, and, all other rights and exemptions of the <br />Trustoc all of .shah are hereby expressly waived and conveyed to the Trustee. In the event of a we " hemiaabove <br />provided, the TrustorK any person in possession under thpTruster shall than become and be tenants holding <br />over and shall forthwith deliver possession to the purchaser at such sale or be mtimmarly- dispossessed, in accordance <br />with the provisions of law applicable to tenants holding over. The power and sgenev hereby granted are coupled <br />with an inMrpN and are ir�evoesble by death or otherwise, and are granted a cumnlativr to dl other remedies for <br />the collection of said indebtedness. The Beneficiary or Assigns may takr any other appropriate action pursuant <br />to stale or Federal statute either in stale or Federal court or otherwise for the "imposition of the property, <br />S. to the event of a sale as provided in paragraph 4, the Trustee shall be paid a fee by the Beneficiary In an <br />amount awl is exem of percent of the grow amount of said sale or &A". provided, however, that the <br />NO*"" of a" foe shall be reasonable and shall he approved by the Hrnncciary a to reasonableness. Said fee <br />ahalf be is addition to the teals and expenses incurred by the Trustee in conthtrtina mwh "ir. The amount of such <br />cosw and expenses shall he sedueted and paid from the sale's prorreda. It it further mitered that if maid property <br />shall he adveriiord ter sae as horrin provided and not sold, the Tnuter shall lie ewitle,l to a reasonable fre, in an <br />amaunl oceepable to the Beneficiary for the aenirea ao rendered The Tatar,• .hall alma he reimhurard by Ihr <br />Beneficiary ter all Costs and expenses iucurrrd in ronnertim, with IhC A—rit.soir a a,il pr"per1% for.slr tf the -ale <br />is west retwou emoted. <br />F. The prererds of awy we of maid property in accordanre with paragraph 4 shall he applied ftryt to pmrment of <br />fpeo, rose, awes espsuas of sold Mk, the raprnra inenrrrd h. the It I., rare far the I,orpoa.• ,, {rrntrrting or main. <br />is ntwg said property eases s reaoonable attorneys' It"; arrouJl,, to ir.nndent 11 rhr ,ndehlydirmm -rured Deerrhv: <br />and thirdly, to pay any surplus or recess to the person err prra,mm Irrafl, entrtle,l theretw <br />i in rite event Ntd property 1. Klld pursltant Io Ihr .test {,.,resale„* --tam-I :n tl;., tn.lr,emeni err at a i,,,ii, ,. <br />forrrlhsure Mfr and the proereds are not auff.Ctrnt to pall ,Ire tram! :r..irhtr.tnru F.,,,r.i "., . . nrauun,rr,! .er,i <br />rr.t.lrmired by &aid prt"tatowp nine, the lten.•hrimrr .,It hr rr lolr l a ,ir P��,..,v. }eufrrr.r try inu t?er em., surf f tt.e <br />,lot.woCv without wastes to septa ° -n.rnL oho "r' :t: r ItA —la ,�:. -•e ,a:i -r.r. - e si' - me,t, ? ayrc,•m, rr:; <br />t u,tee <br />