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- 10188.
<br />1. This came loom is we& wpm and subject to the further trust that the aidYrustprahol) retrain in quiet
<br />and poses" pwwim of the above peened and described premiers and take the profits thereof to his own nee until
<br />defoult lie male is soh payment of an kagethweenl due on said note or in the performance of anv of the covenants or
<br />case dhiona eommiwad thsreim w to this Deed of Trust: and, aim to secure the reimbursement of the Beneficlary or swv
<br />other holder of sold now the Trustee or any substitute truster of any and all costa and exfienoes incurred, inehtding
<br />reopen" NlerneyP foes, on sahawn of any litigation which may arise with respect to this Trust or with respect to
<br />tee indebtedness evidantod by sold now the protection and maintenance of the property herrinabove described or in
<br />abtoiwintt patratalan of astid pr wny alter any sole which may be made me hereinafter pmvidre.
<br />1. Upam the Idll pmrmwmt of the Wtobtedwess svldeneed by said rime and the Interest thereat, does paymtont of
<br />all editor ante beseim pseeidei Ier. does ee*oynemt of all noeewies advanced or expended pursuant to said now or this
<br />Warrntamt6 and open that paysso mt of s0 otbar proper oats, cherew coo minions. and expenses, the Am described
<br />properly Asti fa echoed used reeamveyed te said at an cost of the Trus for .
<br />3. Upon deioult in say of fho covenants or conditions of this instrument or of the note or ban agreenoeamt secured
<br />hereby. the Demogeiary or his assifprs may without notice and without, regard to the adequacy of security for the in•
<br />alebtednees atocurod. either personally or by attorney or silent without bringing any action or proceeding, or by a
<br />receiver to be appointed by the court, enter upon and take possession of said property or any part thereof, and do any
<br />no*, which Beneficiary deems proper to protect the security herrof, and either with or without taking possession of
<br />said property, collect and receive the rental royalties, issues, anti profile thereof, including rents accrued and unpaid,
<br />and apply the senoer, it= cents of operation and collection, upon the indrhtedneso secured by this Deed of Trust, said
<br />range, royalties, issues. and profits, being hereby assigned to Beneficiary as further security for the payment of such
<br />indebtedness. Exercise of rights under this paragraph shall not rare or waive any default or notice of default here•
<br />corder or invalidate any act done pursuant to such notice but shall he rumielelive to any right and remedy to declare a
<br />lefoult and to cause notice of default to be recorded se hereinafter provided, and cumulative to any other right and/
<br />ass remedy hereunder. or provided by law, and may be exerriard concurrently or independently. Expenses incurred
<br />br Beneficiary hereunder including reasonable attorneys' fees shall be "cured hereby.
<br />4. The Trustv%votrents 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 nr of the promissory note secured hereby.
<br />the entire indebtedness hereby secured shall immediatrly become dur, payable, and collectible at
<br />the option of the Beneficiary or assigns. regardless of maturity. and the Beneficiary or assigns may enter upon said
<br />property and collect the rents and profits thereof. Upon anvil default in payment or performance, and before or
<br />after such entry, the Trustee. acting in the rxrention of thin Trust, after the, notice of default has
<br />been recorded, shall mail a ropy of the default to each person wfio 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 shall 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 leas than once during each of Geld 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 belalf of the Beneficiary mov bid and purrhaae at such sale). Such
<br />sale will be held at ■ suitable place to be selected by the Beneficiary within maid entirely or political subdivision. The
<br />'Ptuaire is hereby sulborieed to execute and deliver its the purrhamer at much Pair a mulBcienl conveyance of said prop.
<br />erty, which conveyance shall contain recitals as to the happening of default upon which the execution of the power
<br />of sale heroin granted depends. and the said Trus to>herrhv ronmeiuttem and appoints the Trustee u his agent and
<br />.ltorney in feet to make such recitals steel to rxecutr Paid comes unce unit Itcohy covenants and agrees that the rr-
<br />rigale so made shell be binding alit] conclusive upon 1leeTrustor and maid conveyance ahail be effectual to bar all
<br />equity or right of redomplian, homestead, dower, right of appreisement. anti all other rights and exemptions of the
<br />Trust- all of which an hereby expressly waived and conveveil to the Trustee.'1u the event of a sale as heroimabove
<br />provided. the Trustorer any person in possession under theTrustor Phoil then become and be tenants holding
<br />over and shall forthwith deliver possession to the. purchomrr at such melr or tie mummarily dispossessed, in accordance
<br />with the provision, 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 otherwise, anti are- granted as cumulative to all other remedies for
<br />the eolketion of sold indebtedneas. The Beneficiary or Amipne may take any other appropriate action pursuant
<br />to slate or Federal statute either is state or Federal court or otherwise for the disposition of the property.
<br />5. In the event of a sole as provided in paragraph 4, the Trustee shall be paid a fee by the Beneficiary In an
<br />stnouwt not in sueess a< percent of the gross amonnl of aid note or nalea, provided, however, that the
<br />amount of "A fee shall be reasonable anti shall Ise approved by the Beneficiary an to reasonableness. Said fee
<br />shall be in addition to the caste and expo eaea incurred by the Touter in ronduciing Pitch Pair. The amount of such
<br />tests owed expenses shall be deducted and paid from the malr'm prorerdm. It in fnrlher agreed that if Paid property
<br />shell Ire advertised for sale as heroin provided and not sold, tier 'rrnmtrr shall he entitled to it reasonable fee., in on
<br />aneunf acceptable to the Beneficiary for the mrrvlrea ate rendered. Tier Trrulrr mhall alma he rr•ieohurard by the
<br />Beneficiary for all Costa anti etperevers incurred in connect ion wide the adverli.ing of maid property for .air if the male
<br />is sot raMWM"ed.
<br />L 6. The proceeds of any sale of said property in arror,lmore with paragraph 4 .hall he applied first to payment of
<br />free, troMa. and expssMe of Mid safe. the expenm►■ incurred Iry the Ilrn.- ficiary Inv the purpumc of proterting of main•
<br />gaining said property and a reasonable atturneye' fees; mr.undle, to payment of fire indrbtednras mecured hereby;
<br />and thirdiv, to pay any surplus or earrea to the person or firm,". legally entitled thereto.
<br />7. In the event said properly is sold pursuant to the :upthurir.atton rtrntarneil in thus instrument or at a judicial
<br />ftprrrinaurr rte and the prorre+le err not wRirient to posy rile tonal in lehtr.les— .rriireri by them imtrurnrot anal
<br />evpdenpred by sold promiwrry mule, file Benchriart will he entitled fo w delirirnre jmlgmew fe. file amotnit of the
<br />Aofittenev without praar.l to appr, mint, live I-1 t ,i ha +uex k --1 sped 4—.V— '1 .11 .,,aht. of Pplirmrmrmrot ?o the
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