Laserfiche WebLink
1 <br />86--e 102567 <br />I. Mda or ,It is made upon and subject to the further trust that the saidTruowxshell relnsiu in quiet <br />and peMwile powniw of the above'Smoseed and deeril ell premises and take 1h, profits thereof to his own axe until <br />defwh`be nutderis my peyaaant of on itrtralhnent due on will note or to the performance of any of the covenants or <br />saWilims sentsisrd If n or in this Deed of Trust: andi ales to secure the reimbursement of the Beneficiary or any <br />other lutist of said troll, the Truatea far any substitute trustee of any and all coats and expression incurred, including <br />reasonable auoeMysr foam am Irev-aant of may litigations which may arise with respect to this Trim or with respect to <br />Was iwdebtedwds •vldfine %Ivy sold nose, the protection and maintenance of the property hereinabove described or in <br />ohtoiuing possession of saw propra ty afar any wk which may he made as hereinafter provit2 d. <br />4, Upon the fast psymont of The kWeb dwere esidotaced by maw none and the interest thereon. the paymom of <br />all other so oe baroin provided far. that tgmywent of fill monies advanced or expended pursuant to amid now or this <br />fnttnomm lt. and upon the palmant of aH other proper owls, charges, commissions, and espeneec, the above described <br />property abelt be reheated snail, rseenvoyed to ell at the cost of the Trus tor. <br />3. Upon default In any of Arse covenants or conditions of ihio instrument or of the note or toes agreement seemed <br />hereby. the I1lewe"ary or him som4pis may without notice and without regard to the adequacy of security for the in• <br />deblednen mteored, 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 lake posireMion of amid property or any part thereof, and do any <br />acts which Beneficiary deems proper to protect the security herrof, and either with or without taking possession of <br />amid property. collect and receive the rents, royalties, issues, and profits thereof, including rents accrued and unpaid, <br />and apply the name, has costs of operation and collection, upon the indrhtrdnrmt+ secured by this Deed of Trust, slid <br />rents. roymllirar iosttas, and profits, being hereby assigned to Beneficiary to further security for the payment of such <br />indebtednrss. Exercise of rights under this paragraph shell not rure or waive any default or notice of default here• <br />muter or invalidate any act done pursuant to such notice Intl aholl he rumdilative to any right and remedy to declare a <br />default and to carte notice of default to be recorded no herrinafter provided, anti cumulative to any other right and/ <br />or remedy hereunder, or provided by taw, and may be exerciaed concurrently or independently. Expenses incurred <br />by Beneficiary hereunder including reasonable attorneys' fees shall be secured hereby. <br />4. The Trustprrovoso.ta and all ea 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 instrument or of the promiasory note secured hereby. <br />the entire indeltioduess hsseby secured shall immediately become lor, payable, and collectible at <br />the option of the Beneficiary or assigns, rrgarrlless of maturity, and the Ilrnrfiriary of assigns may enter upon amid <br />property and collect the rents and profile thereof. i+pon such default in payment nr performance, and before r:.- <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 to 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 insrr,iment 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 he th(- Trustee's duty to sell said <br />property (and in case of any default of any purchager, to resell) at public auction, to the <br />highest bidder, first giving five weeks` notice :,f the time, terms, and place of such sale, <br />by advertisement not less than once during each of ,aId five weeks in a newspaper published <br />or distributed in the county or political subdivlsion in which said property is situated, <br />Ia" the Beneficiary or any person on behalf of the Flrnefirfari roar hill and purchase at such lee). Such <br />Pale will be held at a suitable place to be oefectrtl by the Reorfiriary within raid county nr political subdivision. The <br />Truairr is hereby outhorimed to execute and deliver to the purrhawr at *rdrh sale a sufficient conveyance of said prop• <br />arty, which eenveyatttee shell contain recitals ma to the happening of default upon which the execution of the power <br />of male herein granted dspeadat and the &mill Trustoherr•iw rinmtnntrP and appoints the Trustee as his agent and <br />.tforney in fact to make such recital@ and ttr execute smite cnnt,•tancr avail hroby covrmmnts and agteee that the re- <br />citals so made shall br binding stni conclusive upon theTrustor and maid con ,, eyance aholl be effectual to bar all <br />equity or right of redemption. homestead. dower, right of appreimement. anti, all other rights and exemptions, of the <br />Trustoc oil of which are hereby expressly waived and conveyed to the Truslee.'ln the event of a safe so heteinabove <br />provided. the Trustorgr any person in possession under theTrus for -hall then become end be tenants holding <br />over and shall forthwith deliver possession to life purchaser at much tale or be summarily disposw+aed, in accordance <br />with the prevWommi of law applicable to Cements holding over. The power and agency hereby granted art coupled <br />with an interest and are irrevocable by drath or otherwise, and are granted ■r rumulative to all other remedies for <br />the collection of saw indebtedness. The BrncLzisry or Ammign- may take arty t.th -r appropriate action pursuant <br />to atoll or Federal statute either is stab or Federal court or otherwiar for the & ;;.,sition of the property. <br />S. In the event of a male an provided in paragraph 4, the Truatee Pitfall be paid s ice by the Beneficiert in an <br />ameuet not in excess of percent of the gross amount of maid -air or males, providrii, however, that the <br />snwww of well fee shall be mosonshe and shell he approved bit the Beneficiary an to reaaonablerrtw. Said fee <br />shell be is addition to the tests and expenses incurred by the Trustee in copdurting *rich Role. The amount of such <br />crab and expenses shall be dedueird and paid from the sale'- proceeds. it am fttrthrr offered that if will property <br />aholl Ise ariverttard for mar as herein provided and not mold. 1F+e Tauter *hall he romled to s reasonable fee, in an <br />ameanf sceeptable Is the Benefiriary for the memirra w rrtplrrrd. TI,, Truro­ .hall al -o he rrtnehurard by the <br />Benefiriary for ail costs and expernra incurred in ronnect iota with tier advrrt. -ire if .std prnpertt fir isle if the *ale <br />is not consummated. <br />b. The prere'ds of any male of maid property in accordance with paragraph 4 Ph -11 he applied fawn to payment of <br />fer+r, cos*, and eapstaama of NOW solo, the etpenae- incurred i,v the lt.•n. friar. 1— 0 pirpnr if prntectinff or mitn• <br />training amid property and a reasonable attorneys frea; me.orldA, it, I,aernrn{ if thr rndrinrdlnrw tecurrtl hembr; <br />NW thirdly. to pay may surplus or rxcres to the perata+ nr prr.nn- f.•ro!!v eotoledl fhrrew. <br />7 to the event Mid properly is sold pursaanl to lhr anti, ,rdrat+ort : t,nta,nr,l in If— dn*irnntent nr at a 1ndtrtml <br />fr. -e kowre male and the preerrrle ary not ovassaient to play the filial ,n.l.hte.inrt. -,,­I F„ Jh .nrfrom­t rrt•i <br />ts,.tcrrred by maid protmasory rote, the flrncGciary will hr n +glrti i<, . .teF r,r,... +„ Vatnrr,t i.,. tter rn.onrH ..( the <br />Aehrieney witl.errt re/farrf an sppraarrnrnl. the i rhm"nt ..rd.r +t an.f +..da„•,t all r,ahtt „1 r {, {.. *+*rmrnt ,,t +P,r <br />T ruste,r, <br />_j <br />