t
<br />ss_3os
<br />1. 71.1/ aaNSef In toa& upon and subject to tie farther trust that the .10rus tW elialt rewale M quiet
<br />and imme" possession of toe eboy. pswlad and described premises and take the profits thereof to his own ow until
<br />def" bt atiouli le ay p of an htNaflment due on said now or in the performance of my of the cerewNte or
<br />awdkiatta svntainei toania ties in this Deed of Ttrturt: asii. alma to secure the reimbursement of tl/s Be//eReiary K now
<br />ember issMor'of at" tNte. tw Trustee K any mobediatq trustee of any surd all coma and expeaeN incurred. including
<br />mount" agoeway' 7w; em eesnwk of awy'litiption which may arise with respect to this Trust K with as to
<br />l" iwdebtsinaae y+ldewnd by sold nets. tin protection and swaimewance of the property hereinabove described K in
<br />eiwitiittR'pt>reatfaw of edd'prspeny after any sale which tray be made a hereinafter premed.
<br />Z.. Upon Ilu ii p�enttt'af loo lndebMdnw eeideweai by saY wet@ tied the twtereat Nhe:eee. tw payout of
<br />ail, otoar sutttr Innis paureidni fat. tw eap.ytnea at tip tttewites adrttnaeed K expateded pusettemt to send me10 K this
<br />ittsmcnntents' baud peps this }aysewt of aFl odor Poor" enema, el/eryaet, awms/issiow% and eapewao. the oiovo described
<br />MrMtsr adall bs nleead mamma eaeattrerad [e end at tw`oum of the Truator.
<br />7. upon deialR a soy a r `!hs esrenants or eewaltlena of ski. instrumnN er d tube note K 1aa11 ypeement baenrad
<br />hetehy"the )tewaddery K file ensigns may without notice and without regard to the adequacy of sen. ity for the in.
<br />"ad" secured. either perpetually or by attorney K agent without bringing any action K, proceedis% or by a
<br />receiver to be appointed by the court, enter upon and take possession of said properly or any part thereof. and ale any
<br />or is which Beneficiary sotewis proper to protect the security hereof, awl either with or without taking pesmessiom of
<br />maid properly, enlleft slid receive the rents, royalties, inurm, and profits thereof, including rents accrued and impala,
<br />and apply the a~, lose coins of operation and collection. upon the indebtedness secured by this Deed of Trust, said
<br />mum. royalties, kmes4 and pnAts, being hereby assigned to Beneficiary as further security for the payment of each
<br />indeileistr s. Eamise of rights under this paragraph shall not cure or waive any default K notice of default here.
<br />tinder or invalidate any fret done pursuant to such notice but shall he cumulative to any right and remedy to deelase a
<br />defaui' and to cause notice of default to be recorded as hereinafter provided. and cumulative to any other right and/
<br />or remedy hereunder, K provided by law, and may be exercised coneurrrntly or independently. Expenses incurred
<br />low Beneficiary hereunder including reasonable attorney: ken shall be secured hereby.
<br />4. The TrusteTCovenonto and agree 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 aP mred shall immediately become dur, payable, and collectible at
<br />the option of the Beneficiary K msigrta, regardless of maturity, and the Beneficiary or assign may enter upon said
<br />property and collect the mats and profits thrrrof. Upon such defanit in payment or 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 mail a copy 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 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 less than once during each of said five weeks in a newspaper published
<br />or distributed in the county or political subdivision in which said property is situated,
<br />tend the Beneficiary or any person on behalf of Ihr Heneftciary may bid and purchase at such sale). Such
<br />sale will be held at a suitable place to be arlected by the Beneficiary within said enunty or political subdivision. The
<br />Trustee is hereby tiutkoriseed to execute and deliver to the purchearr at surh sale a sufficient conveyance of said prop-
<br />erly, which conveyance shall contain recitals am to the happening of default upon which the execution of the power
<br />of sale herein granted depends; and the said Trustotf/erchv constinOrs anti appoints the Trustee as his agent and
<br />.ilonery in faits to mobs such rentals uul to execute said ronvrh once and he-�by covenants and agrees that the re-
<br />citals so made @611 be binding and conclusive upon theTrus for and said conveyance shall be effectual to her all
<br />eelttity =K right of redemption, homestead. dourer, right of approiaement. mush all other rights and exemptions of the
<br />Truator all of whidr are hanky expressly waived and conveyed to the Trustee. In the event of a sale as hemeinabove
<br />provided. the Truator r my Mew in possession under the Trustor shall then become and be tenants holding
<br />over and shall forthwith deliver possession to the purehame.r at such sale or be summarily dispossessed. in sceardonee
<br />with the praiioimw of low applicable to tenants holding over. The power and agency hereby granted are coupled
<br />with aw interest and acs irrevocable by death or otherwise, and err granted as cumulative to all other remedies for
<br />the collection of said iwdeboodneN. The Beneficiary or Assigns may take any other appropriate action pursuant
<br />to Mote or Federal Nature ailkar i• Nate or Federal court or otherwise for the disposition of the property.
<br />1 IN tin event of ti male as provided in paragraph 4. the Trustee shall be paid a fee by the Beneficiary In an
<br />amount mot in excess of percent of the grow amount of Raid wale or Rai". provided, however, that the
<br />omm mt of MA fee shall he reasonable and shall he approved by the Beneficiary ss to responablenesR. Said fee
<br />shall be in addition to the RNs and expenses incurred by the Tnsstee in conducting such male. The amount of much
<br />esaM`NOW aititeMN shall he dedtteted and paid from the gale's proceeds. it is further agreed that if said property
<br />ahalhoe atdvertieed for sale as herein provided and not said, the Tntstee shall he entitled to a reasonable fee, in an
<br />ameunl acceptable to the Beneficiary for the services so rrnderrd. The Trnstre shall also he rrimhurmel by the
<br />Ileneifieiary for all emb and expenses incurred in connect ion with the advertising of said property for mle if the sae
<br />fanoteonmuma -led.
<br />L 6. The proceeds of any oak of said property in accord once with paragraph 4 shall he applied first to payment of
<br />fees, costs. and ettpaNm of said sale, the expenses incurred by the Brnrroriary for the purpoar of protecting or main•
<br />Mining maid Property anti a reasonable allormeyi fees; secondly, to paytnrnt of for intlel.tednes secured hereby;
<br />and thirdly. to pay any surplus K excess to the person or permna irgally enlil led thereto.
<br />7, iw tart evert acid property is Bold purses A to the aut.uriaalion contained in this instrument or at a judicial
<br />foreclosure male and the proceeds are not sufi..ent to pay the total indebtetlorm secured by this instrument anti
<br />evidenced by said promissory note, the Beneficiary will be entitled to a deficiency judgment for the amount of the
<br />deficiency without regard to appnisemen . theTrustorhaving waived and assigned all rights of ■ppraiarmer.t to the
<br />Trustee, j
<br />J
<br />
|