|
as- 102593
<br />i. This a to meat p arm ad subject /o the further trust that the mi4T rug tprshall remain is quiet
<br />sad is paarwiam of the above Vveinid need described premises and take the profits thereof to his own tae until
<br />4dook be mode is awe is of an isslrlhearml due on said note or in the performance of any of the covenants or
<br />ssn&in cootaimmd thaeeia or In this Deed of Trust. and, also to secure the reimbursement of the Beneficiary or any
<br />other holder of sold mesa. the Trustee w any substitute crueler, of any and all costs and expenses incurred, including
<br />mosem"adorns„• pane, w`aesam of any litigation which may arise with respect to this Trust or with respect to
<br />Ow idebtadwsaa ewWomad by aid weld, the proleetion and maintenance of the property hereinabove described or in
<br />sbteining possession said prollovity after any wk which may he made so hereinafter providr?.
<br />I UFO the fall Mtn of Ibis iselloblimbloses wNeweed by said now sod the Interest the rot, the poymsemt of
<br />AN slim some beriein provided br, chic mpsymeM of all monies advanced or eepended pursuant to said twee or this
<br />inMrua.at, end apart do Anent of eN other paper eats, charges, too missions. and expenses, the above tA 1
<br />property shall to ' and raembyeyd to and at the cost of the Trustor. .
<br />X Up" defook In any of the covenant" or conditions of this inatrumrrrt or of the note or leave astrommoot swored
<br />hereby. the iwcwafeiery or his stoippr may without notice and without regard to the adequacy of security for the in•
<br />cieiMedner rotated, either personally or by attorney or agent without bringing any action or proceeding, or by a
<br />receiver to be appointed by the court, ether upon and take possession of raid properly or any part themef, and do any
<br />acts which Beneficiary deems proper to protect the security herrof, and either with or without taking paaseatsion of
<br />said property, collect and receive the rents, royalties, insure. anti profits thereof, including rents accrued and unpaid,
<br />and apply the same, less coati of operation and collection, upon the indebtedness secured by this Derd of Trust. said
<br />craw 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 rune or waive any default or notice of default here.
<br />tinder or invalidate may set done pursuant to ouch notice but shell he tintaletivr to any right and remedy to declare a
<br />default and to cause notice of default to be recorded as hereinafter provided, and cumulative to any other right and/
<br />or remedy hereunder. or provided by law, and may be exercierd conenrrenlly or intiependently. Expenses incurred
<br />by Beneficiary hereunder including reasonable attorneys fees shall be seemed hereby.
<br />d. Tire TrustOX- vewonle end agrees that if he shall fail to pay raid 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 become clue, payable. and collectible at
<br />the option of the Beneficiary or aaoigtw, regardless of maturity, and the fieneficiary or assigns may enter upon said
<br />property and collect the rents and profits thrreof. upon sari, drftudt in payment nr performance, and before or
<br />after such entry, The Trustee, acting in the execution of this Trust, after the notice of default has
<br />been recorded. shall stall a copy of the default to each person who is a party
<br />to this instrument, at the audress 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 fnstr±tment is recorded, and
<br />after the lapse of time which is required by Iaw after mailing the notice, the Trustee shall
<br />have the power to sell said property, and it shill 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 week,' notice ,f the time, terms, and place of such sale,
<br />by advertisement not less than once during earh of s,iid five week; in a newspaper published
<br />or distributed in the county or political suhdivi,.fon in which said property fa situated,
<br />land the Beneficiary or any person on behalf of Ihr lirnrfiriari may slid anti purrhme at such salel. Surh
<br />Pole well be held at a suitable place to be secreted by the Henrfiriary within acid rotmly or political subdivision, The
<br />Trustee is hereby aueheriissed to execute anti deliver its 1he pttrchatirr at such sale a sufficient conveyance of said prop-
<br />erty, which conveyance shall contain recissls w to The happening of default upon which the execution of the power
<br />of sole herein granted depends. and the Reid Trustoisterel,v ronatutttra and appoints the Trustee as his spent and
<br />.tiorney in fact to snake such recitals end to execute said ronvrvance aml he�ilby covenants and agrees that the re.
<br />citala» made shall be binding and conclusive upon lbeTrus ten end said conveyance shall be effectual to Jar all
<br />equity or right of redawept»sr, bomastrad, dower, right of appraisrment, Roth all other rights and exemptions of the
<br />Trustoc oil of which we hereby expressly waived and convevrd to the Trustee. lit the event of a sale its bereimis"
<br />provided. the Trustores sub. pe in possession under theTrustor shall than become and be telants holding
<br />over ands I forthwith deliver possession to the purchaser at such Rate or he summarily dispossessed, in accordance
<br />with the provisions of law applies ►M to Msmnts holding over. The power and oreney hereby granted are emepled
<br />with an interest and Res irrevocable by death or otherwise. and are rranied as , • 11lative to all other remedies for
<br />Ike collection of sold isedebtedstaw The Beneficiary or Asaignit may take any other appropriate action pursuant
<br />to state or Federal Mutate aichac is scale or Federal court or otherwise for the disposition of the property.
<br />5. In the even) of a ale in provided in paragraph 4, the Trustee shall be paid a fee by the Beneficiary in an
<br />aseeunt sot in excess of percent of the strum amount of said sale or Pairs, provided, however, that the
<br />ascent of earls fat shelf be reasonable and shall he approved by the Benrfiriery alt to rrasonablenew Said fee
<br />aball be is addition to she coals and expenses incurred by the Tnatter in rundurling such sate. The amount of such
<br />ess4 end eapesse* .hall be deducted and paid from the sale A proervda. It is Nosier Altered Islet if said property
<br />shall be adveetisrd for sale as herein provided and not Pond, the Tntster shall be entitle.) to a reasonable fee, in an
<br />se"ON' seeaptabk to the Beneficiary for ittr aenicrx alt, rrmlrrrd, The Trnmt .halt also be minshnreed by the
<br />lit— fAtisry for all toasts and expenses incurred in rnnnert inn with the advrrtninr n! .2n1 prol,rrlr for sale if the sale
<br />ie net eoewtnmowd.
<br />6. This In "Mda tef any sells of Paid property in arceni Once with paragraph 4 shall he applied first to payment of
<br />fees. tease. and rspaaoms of MOW safe, the rxfwntrs ineetrrcd by the iteorf tar, t_ 71.r I,,,rpmr of prnleetinit or main-
<br />raining mow preset 7 mote a rvR morabk ettornete fees. Rerondfc, to palntent ..f Cite n,drlHe +tier aecured hereby:
<br />and Ihirdiy, to pay arty werphw or rarem to lite person or ierwma irkalh entitled !hereto.
<br />7. lit Cite event mW pso/er1Y is sold puntiont to the auFl ... rirat,.,n rnntetne.i to tit t�irattr,tment or at a judirial
<br />f— Iftestes mle and the proceeds are not gl11116rieot to pay the total in.iehte infnit rRaYr.i 1 th.. insl,"m rt On,I
<br />etiitleoirV4 ley mid promissory hair, the Ilrneftrisrt rill be rntitleil t„ a ,iefirwnr, p,,lgment 1<,r the rmo,mt of the
<br />.idle Knee without regard to a(ayrmtMmont, the I" 111 t,1 itsvina A.. r,I a t,i asr.Rnr.i all t�eht. c.( al.trratRemrnt to th,
<br />l ruerre.
<br />
|