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r� 102463
<br />1. This conveyance is made upon and subject to the further trust that the ,;airs Grantor shall remain in quiet
<br />and peaceable possession of the above granted and described premises and take the profits thereof to his own use until
<br />default be made is any payment of an installment due on said note or in the performance of any of the covenants or
<br />conditions contained therein or in this Deed of Trust; and, also to secure live reimbursement of the Beneficiary or any
<br />other holder of said note, the Trustee or anv substitute trustee of any and all costs and expenses incurred, including
<br />reasonable attorneys fees, on account of any litigation which may arise with respect to this Truitt or with respect to
<br />Cite indebtedness evidenced by said 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 provided.
<br />2. Upon the full payment of the indebtedness evidenced by said note and the interest thereon, the payment of
<br />all other sums herein provided for, the repayment of all monies advanced or expended pursuant to said note or this
<br />instrument, and upon the payment of all other proper costs, charges, commissions, and expenses, the above described
<br />property shall be released and reconveyed to and at the cost of the Grantor.
<br />3. Upon default in any of the covenants or conditions of this instrument or of she 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 />debtedness secured, either personally or by attorney or agent 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 rlo an}
<br />acts which Beneficiary deems proper to protect the security hereof, and tither with or without taking possession of
<br />said property, collect and receive the rents, troy allies, issues, and profits thereof, including rents accrued and unpaid.
<br />anti apple the same, less costs of operation, and collection, upon the indebtedness secured by this Deed of Trust, said
<br />rents, 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 cure or waive any default or notice of default here-
<br />under or invalidate any act done pursuant to such notice but shall be cumulative to any right and remedy to declare a
<br />default and to cause notice of default to he recorded as hereinafter provided, and cumulative to any other right and.'
<br />or remedy hereunder, or provided by law, and may be exercised concurrently or independently. Expenses incurred
<br />by Beneficiary hereunder including reasonable attorneys' fees shall be secured hereby.
<br />4. The Grantor covenants 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 immediate) become due, payable, and collectible without notice, at
<br />the option of the Beneficiary or assigns, regardless of maturity, anti the Beneficiary or assigns may enter upon said
<br />propert% and collect the rents anti profits thereof. Upon such default in payment or performance, and before or
<br />after Wch entry- the Trustee, acting in the atecution of this Trust. shall have the power to sell said property,
<br />and it shall be the Trustee's duty to sell swirl property Land in case of any default of any purchaser,
<br />to r• -ell i at public auction, to the highest bidder, first giving four weeks notice of the time, terms, and place of such
<br />by ad,.ertisernenl not leas than once during each of said four weeks in a newspaper published or distributed in
<br />the county or political subdivision in which said property is situated, all other notice being hereby waived by the
<br />Grantor land the Beneficiary or any person on behalf of the- Beneficiary mac bid and purchase at such sale,. Such
<br />-ale will he held at a suitable place to be selected by the Beneficiary within said county or political eubdiyision. The
<br />['roster is here -by authorized lo cycrute and deliver to the purchaser at such .sale a sufficient conveyance of said prop-
<br />,-rt-. which conveyance shall contain recitals as to the happening of default upon which 1he execution of the power
<br />of sale herein granted depends. and the said Grantor hereby constitutes and appoints the Trustee as his agent and
<br />attorney in fact to make such recitals and to execute said come -yance and hereby covenants and agrees that the re-
<br />citals so made shall be hinding said conclusive upon the Grantor, and said conveyance shall be effectual to bar all
<br />equity or right of redemption, homestead, dower, right of appraisenient, and all other rights and exemptions of the
<br />Grancor, all of which are hereby expressly waived and conveyed to the Trustee. Iit the event of a sale as heminaboye
<br />provided, the Grantar, or any person in potlsemion under the Grantor, shall then become and be tenants holding
<br />user and shall forthwith deliver possession to the purchaser at such sale or be summarily dispossessed, in accordance
<br />will, 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 otherwise, and are granted as cumulative to ail other remedies for
<br />the collection of said indebtedness. The Beneficiary or Assigns may take any 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 />.i. In the event of a sale as prnyided in paragraph A, the Trustee shall be paid a fee by the Beneficiary in an
<br />amount not in excess of percent of the gross amount of said sale or salt•.:, provided, however, that the
<br />amount of such fee shall be reasonable and shall he approved by the Beneficiary as to reasonableness. laid fee
<br />-hall be in addition to the costs and expenses incurred by the Trustee in conducting such sale. The amount of such
<br />costs and expenses shall be deducted and paid from the sale's proceeds. It is further agreed that if said property
<br />shall lie advertised for sale as herein pruyided and not sold, the Trustee shall be entitled to a reasonable fee, in an
<br />amount acceptable io the Benefiriar for the services so rendered. The Trustee shall also be reimbursed liv the
<br />Beneficiary for all costs and exienses incurred in connection with the advertising of said propert for sale if the sale
<br />is not consummated.
<br />h. The proeeeds of any sale of jji,j prol,crti in accordance with paragraph t shall he applied first to p.nnient of
<br />fee• -. costs, and expenses of aid -ale the• expenses ito erred by for Benefit iar,t fur Ill,- purpose of protecting or main•
<br />iainina said property and i r- asooabl. attorneys' fee., s..... c, to payment of the 1mh-1,1c1 ues secured herehv:
<br />L and thirdly, to fay any surplus excess to tilt- person or persons 1,vidly entitled thereto.
<br />7. fit the event -at,] prnpt•rty t- sold pursu.u,t to thr• nithoricatioo contained in 1111, in- trurneni or it a ju,lieial
<br />{ nt tin «lire• -aft- and tier pro-, cd- are not iiffieient to pay the total indebtednes. .ct urcd f,y this m,trortu•nt and �n
<br />idroer,l by wail prrnni .ore note, the flPt14iriar will lx• entitled to it defirienly iiad�ownt for the miourit .,f the i# 1
<br />detico•nry >"i,honi n•;_drrf n. appr.et.entrnt, the t ;ratttnr hiring +.;u„,I .,it,] a"Ie"ed aEl *r� :� :fs ,�f al•;,,- .usc•meut fh•-
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