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S6- 104223 <br />the transaction fislaneed by the loan secured here Ili, are to hc- app Ii -i it inc option of BcncIiciary upon any indebtedness secured <br />hereby, No such application. use m relea,c ,hall core or vvaivr ara% detnult of notice of defai -h hereunder or invalidate any act <br />done pursuant to such notice. <br />Consent, Partial Reeonveyance. Etc.: (hilt at an\ tittle. or from tittle to tittle, without itabilitc therefor, and without <br />notice, upon written request of Beneticiarv, and without aliccttng the personal liability of any person for payment of the <br />indebtedness secured hereby, or the lien tit this Deed of Trust upon the remainder of such property for the full amount of the <br />indebtedness then or thereafter. secured herehv. or the rights or powers of the Beneficiary or the Trustee with respect to the <br />remainder of such property. Trustee may (:t1 recomey any part of such propertc. fbl consent to the making of any neap or plat <br />thereof, fc) join in granting any casement thereon, or (d) loin in any extensors agreement nr any agreement subordinating the <br />lien or charge hereof. <br />Full Reconveyance: That, upon written request of Beneficial\ stating that all sums secured hereby have been paid. <br />Trustee shall recon\ey, without warrant\, the property then held hereunder T he recitals in such reconveyance of any matters <br />of fact shall he conclusive proof of the truthfulness thereof. 1 he grantee in such rrcomevance may be designated as "the person <br />or persons legally entitled thereto Such request and tecortyc\ancc shall opcialc as a reassignment tit the rents. income. issues <br />and profits hereinhctore assigned to Beneficiary. <br />Right to Collect and Receive Rents and Profits: Notwithstandow ant other provisions hereof, Beneficiary hereby, grants <br />permission to Trustor to collect and retain the rents, income, issues and profits of such property as thee becotneducand payable, <br />but reserves the right to re\oke such permission at any time, with or without cause, by notice in writing to Trustor, mailed to <br />Trustor at his Iasi known address. In any client, such permission to Trustor awomancally shall be revoked upon default by <br />Trustor in payment of any indebtedness secured hereby or in the performance of any agreement hereunder. On any. such default. <br />Beneficiary may at anv time without notice, either in person, by agent, or by receiver to he appointed by the Court, and \\ithout <br />regard to the adequacy of any security for the indebtedness secured herehv, enter upon and take possession of such property. <br />or any part thereof. make, cancel, enforce , r modify leases: obtain and e,eet tenants. set or modify rents: in its own name Sue or <br />otherwise collect the rents, income. issues and profits thereof, including those past due and unpaid: and apply the same, less <br />costs and expenses of operation and collection. including icasonabic atrorney tees, upon any indebtedness secured hereby <br />and in such order as Beneficiary may determine: and except for such application. Benef'iciaiv ,hall not he liable to any person <br />for the collection or noncollection of any rents. income, issues or piofu,. fill the failure to assert or enforce any of the foregoing <br />rights. nor shall Beneficiary he charged with anv of the duties and ohli__alwns of it mortgagee in possession. The entering <br />upon and taking possession of such property, the collection otsuch rent,. income. issue, or pnifits, the doing of other acts herein <br />authorized, and the application thereof as aforesaid. shall not cure or uai\c :anc delaull or notice of default hereunder or in- <br />validate any act done pursuant to such notice. <br />Trustee's Sale on Default: upon default b\ lru,tnr to pavnscrit of an\ indebtedness secured hereby or in performance <br />of any agreement hereunder, or anv agreement secured hereby. Bencficiai} [flat declare all sums Secured hereby immediate(} <br />due and payable and shall cause to he tiled nt record a written nutter of default and election to sell such property. After the <br />lapse of such time as then mac be required h\ lai follow,ng recordation i,! 11101 notice of default, and notice otsale having been <br />given as then required by law. Trustee, without demand on Trustor. shad! sell such propertc. either as it whole or in separate <br />parcels. and in such order as it or Beneficiary mat deternsinc at public auction to the highest bidder. Tntstec may postpone <br />the sale of all or any portion of such propertc b\ public announcement at the time and place of sale. 'ind from time to time <br />thereafter may postpone the sale by public announc :-.ne•nt at the time and place fixed ht the preceding postponement. Trustee <br />shall deliver to such purchaser its deed conic\ ing the property so ,old, but .%ithmn anv co\enani or warrant}. express or implied. <br />The recital in such deed of an\ matters of fact or otherwise shall he conclusne proot tit the truthfulness thereof. any . person. <br />including Trustor. 'Trustee or Beneficial-\, ma\ purchase at such sale. trustee play also sell at any such sale and as part thereof <br />any shares of corporate stock securing the obligation secured herehv, and Trustor waives demand and notice of such sale. <br />(Beneficiary at its option tnat also loreclosc• on such ,hiticN h\ independent pledge ';Ile. and iustor waives demand and notice <br />tit such sale). after deducting all costs, fees and e \penscs of liustce, and of this Irust, including cost of evidence of title in <br />connection with such sale. Trustee shall tint Ipl,l% th., proceeds of sale r, pat nlCnt of all sums expended under the terms hereof. <br />not then repaid. with accrued interest at the rntc then pitiable under ilic note or notes secured hereb\. and then to payment of <br />all other sums secured herch\. and if thereatter there he an proceed, rcns; fining. distribute then-] to the person or persons <br />legally entitled thereto. <br />If this Deed of trust or am note scculed herehv ptnr.ide, for an\ charge Ioi piepa\nscnt of any uldc•hteuncss secured <br />hereby Trustor agrees to pa\ said charge. 11 ant of said indehtedness shall he p:ud prior to the maturity slate thereof stated tit said <br />note or this Deed of -]rust. cven it and nonvnhstanttulg Trustor shall hate dciaulted to payment thereof, or in perfoirriance of <br />any agreement hereunder, and BencLnr.ry ht rc,non thcicot..hall ha\r declared all sums seemed herehv_ mnnediatcl} title <br />and payable. <br />Substitution of Trustee: huts Bencliciar\ nia\. from time to tins\, ht instillment in writing, substitute a Successor <br />or successors to any Trustee named herein or acting hereunder. t\htch us,uvnicni. r\ecutcd and acknowledged h\ Beneficiary <br />and recorded in the ollicc of the register ill deeds of the COMM 11 l011MICS whc•R such property is situated, shall he conclusive <br />proof of proper Substitution of .twit ,lscic•„ur II Ust-CC of Irustcrs, w hi, shall, \vrthout Cilntti \anieS It the I rustee predecessor. <br />succeed to all its title_ estate, rights. power and duties. <br />No Waiver by Beneficiar}: No w:ucrr h} BCIIChClary of :u» right under !his Deed of Insu shall he ctlL•0ute unless in <br />writing. Waiver by Beneficiary of any right V.rantcd to Bcnclicial under 11111 deed nt Irust or of any nrovi,ion of this Deed of <br />Trust as to any transaction or occurrence, shall not be deemed it \collier a, to anv tutinr tlan,action or i,ccunences. B\ accc•pttng <br />payment of any sum secured hereb\ alter 1t, due date or h\ ntakinc any pa\rnent w Pcrfurnling an act on hehalf o1 Iruslor <br />that Trustor was obligated hereunder, but tailed, to stake or pok,inl, isr by adding any payment so made by Beneficial\ to the <br />indebtedness secured herehv. Beneficiary doe: not wane its right to reyuric pronspl pa\ntcnt when title of all other sums So <br />Secured or to require prompt performance nl all other acts required hereunder ill to declare it ;Ic•lault lot lirilure ,o to pay <br />Waiver of Statute of Limitations: I true is of the essence tit all 1 rt,lor', ohligauons hereunder: and to the c\!en1 perinmwd <br />by law, fiustor waives all present or I tit tire statutes of Invitations %%nh rc,pect to:un dcht, demand or ohhga11on lotted herehv <br />tit arty action or proceeding for the purpose of entorcmi; this Irust or ill\ rights m rcmckhes ticicundct <br />Inspection and Business Records: Benefinary at amk tinu•.lurnlg the continuation .,I this bust rtla\ enter and 1n,pcct such <br />property at any reasonable time Trustor agrees that tit the i•\cnt ,ugh ploprrt\ 1, now o1 hc,ealr.r used Ior .i,nlnmrcetl ill <br />residential income purposes, when reuucsted by Bcnetician. Irust„1 will plr,n11111y dcll\er 1l\ Brnctlrta :y such ccrtiticif financial <br />Statements and profit and loss statements of such type, and its such 1nt0nah as 111.1\ hr :ryunc,l h\ BC1101 ill'. t \11wh will he <br />in form and content prepared according ti, the usual and ecccptahlc acLountuic p:lTwipir, and pla.ucrs. \vhu h ,tarenrrnt, shall <br />cover the financial operations rclatmg to such prorlerU .ind 1111,1or tnl(IM agree, siren nyucstcd h\ liCoClIC1,11\ ti, 1110ulpth <br />dc!r\cr its writing such 1L'rt llel ,icli /hon:tl utli,nnanun Al reyturcd h\ Bc :ich,jal\ ; \hung to an\ snch tulan,lal ,tatcntcnt, <br />Acceleration Clause: Should 11n,tol. ,it all\ S11 -c—l' it, :r,!.rc,! 'I Iru,t „r. \ „lunt:uat o: :! :\o!unt.n li\ ,ell, c xrh.tr,pr. <br />uxl\ev, trutsfer. c;,ntra :t ti, ,ell. !e,isr cods , pnin -..o pinch :,,r nhica,e .i r!. ,IldT1 1•,l- h.na.�r, 1.1 i ,,I trrlhr: <br />eneunlhcr such propertc, ill anv p,ut thcrc if. i„ amrIll!"c,! !lithos ,r It an ,,f ,.r.,l pay, — h. h� dtv.,trJ i � ti!: !„ surf real <br />property or anc pal! Oil'r.r: ill :Lty :n11*1Cli <br />hen isr chart!v vi,rtntarly or m•_ . ;11a1 11 y 'tit Ia,!!.I I t.,u.h.,•v !. <br />had and nhtamcd !tan fi.-nr,•ti!1v h,yi list :, 'h_ rn_ht. ... ., i' 1< J i 1 1 1i 1 .... 1 -.,.i. <br />p•;ry.,hk. wui !tu,..,,mi' r ,,ht ,:I .,i- .,. =u, -: 11 N_ a.t,,!, .: tic ct _1 -1 111_ .. i,.. - .!u th, 111, t i -t <br />i <br />