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104225
<br />the transaction financed by the loan xtutcd hereh% ;ire r. i, ; l,l ' L d :., is opUoii of Bcncf mwi upon an} mdebtedrhess secured
<br />hereby. No ,rich application. use or release ,hafi cure .r w�iye :.,!v delauh nr noiw, of def.iuln ccrcundcr or imalidate an'% act
<br />done pursuant to such notice.
<br />Consent, Partial Reconveyance, Elc.: [hill at any tit e. or from little to time. Hittuiu 5ahitit }' Uhc etitr, and without
<br />notice, upon written request of Bencficiary, and uuuout attesting the personal !iahitit, of ;in% person *,or payment of the
<br />indebtedness secured herehy, or the lien of this Dyed of trust t,pon the remanttcr of such property for the toil :unount of the
<br />indebtedness then or thereafter, secured herebti, ur the rights or prnaers of fire Bencticiarc or the frustec with respect to the
<br />remainder of such property. intstee ma tit) recomey any part of such property. (b) consent to the making of any map or plat
<br />thereof. (c) join in granting am' easement thereon, or Idi jo n in arse c> lcns,on agreement or anc agreement subordinating the
<br />lien or charge hereof.
<br />Full Reconveyance: Dial, upon written request of Benc•liciary gating that all sums secured hereby have been paid.
<br />Drustee shall recon%ey, without warranty. the propertc then held hereunder. The recitals in such rtc,imeyance of any matters
<br />of fact shall he conclusive proof of the truthfulness thereof. The grants e in ,rich rccomcNitme mat he designated as "the: person
<br />or persons legally entitled thereto ". Stich request and recomeyancc,h ! .;pciate as a reassignment of the rents: income. issues
<br />and profits hereinbefore assigned to Beneficiar%.
<br />Right to Collect and Receive Rents and Profits \omithstand!ng am other pro\rsoxs hervot. Beneficiary hereby grants
<br />permission to Trustor to collect and retain the rents, income. issues and profits of such property :is they become due and payahlc.
<br />but reserves the right to revoke such permission at any time, with or without cause, by notice in writing to Trustor. mailed to
<br />Trustor at his last known address. In anv c%cm. such permission to lrustor automaticaf!v shall he rcyoked upon default by
<br />Trustor in payment of anv indehtedness secured hereby or in the performance of any agreement hereunder. On any such default.
<br />Beneficiary ma\ at an time without notice. either in person., by agent. or by recei\er to he appointed by the Court. and without
<br />regard to the adequacy of arty security fix the indebtedness secured hereby, enter upon and take possession of such properm
<br />or am. part thereof, make, cancel. :nforce or mods) leases. oh!am and elect tenants. set or motif rents. in its wwn name sue or
<br />othenoise collect the rents, income, issue, and profits thereof, including those past (tile and unpaid; and apply the same, less
<br />costs and expenses of operation and collection, including reasonable attorne\s fees, upon any indebtedness secured hereby
<br />and in such order as Beneficiary nhay determine: and except for such application. Beneficiary shall not he liable to am' person
<br />for the collection or noncollection of any rents, income, issues or profits. for the failure to assert nr enforce anv of the foregoing
<br />rieh[s, nor shall Beneficiary he charged With am of the duties and obligations of a mortgagee in possession. [he entering
<br />upor, and taking possession of such property, the collection Of such rents, trtconhc, issues or profits. the doing of other acts heron
<br />authorized, and the application thereof as aforesaid, shall not cure or waive am default or notice of default hereunder or in-
<br />\alidate any act done pursuant to such notice.
<br />Trustee's Sale on Default: I pon default h\ I-rustor in payment of am indebtedness secured hereby or in performance
<br />of am agreement hereunder. or ring agreement secured hereby. Beneficiary ntav deciare all sum, secured hereby immediately
<br />due and payahle and shall cause to be filed of record a written notice Of default and election to sell such property. After the
<br />lapse of such time as then ma,, he required by law following recordation of wch notice of default, and notice of sale having been
<br />given as then required b} fan. Trustee. , wihout demand ,in lrustor, shall cell such propertc, either as a whole or in separate
<br />parcels, and in such order as it or Bcrheficiary mats determine at public auction to the highest bidder trustee may postpone
<br />the sate of all or any portion of such proper[\ by public announcement at the time and place of sale, and from time to time
<br />thereafter ma\ postpone the sale by public :announcement at the time and place fixed by the preceding postponement. Trustee
<br />shall deli\er to Such purchaser its decd conveeme the propertc 10 ,010. but ',vithout anc co�cnam or warrant}. express or implied.
<br />The recital in such deed of an\ matters Of fact or otherwise shall be conclusive proof of the truthfulness thereof Any person,
<br />ncluding Trustor, trustee or Bencliciar %. may purchase at such sale. trustee ma% aho sell at am such sale and as part thereof
<br />am, shares of corporate stork ,ccunng the obligation secured hereh%, and lrustor wanes demand and notice of such sale.
<br />(Beneficiary at its option rna} aiso foreclose nn such share: by independent pledge safe. and Trustor \\:ti\es demand and notice
<br />of such sale). \tiro deducting all costs, fees and expenses of iustee, and ill this ]rust, including cost of evidence of title in
<br />connection \vith such sale, frti,we shall lir,t :ippl\ the proceed, of sale to p; nem of all Burns expended under the terms hereof.
<br />not then repaid. with accrued untcrc,t at !The i;uc then payahlc under !tic note OF notes secured hereb%. and then to payment of
<br />all other sums secured hereh\. and it thereafter there he on} proceed, remaining, distribute them to the person or persons
<br />legally entitled thereto.
<br />If this Decd of Crust or in\ note ccured hereh\ pro%ides lot any charge for prepayment of an\ indehtedness secured
<br />hereby. Trustor agrees to pay said charge. it run (it said !ndchtedne —,hall he paid prior to the maturit\ date thereot stated in said
<br />note or this Deed of Trust. even it and notwithstanding lrustor shall ha%e detaulied to payment fhervol. or in performance of
<br />ant' agreement hereunder, and Bcnc•!ruu\ h\ reason thereof. ,hall fl;t c declared all sums secured hereh\ imnteciawft due
<br />and payahle.
<br />Substitution of Trustee: That Bcneticiar\ may. tram [rule to ache. h\ instrument !r: urumg, substitute a successor
<br />or successors to an\' ltu,tec named herein Of acting Iherelttder, Much instrument. cwcuted and acknowledged by Bencliciar\
<br />and recorded in the otlice of the rcgmcr of deeds of the county or :ountic, \\ here such propert} a sauatcd. ,hall he conclusive
<br />proof of proper Substitution ofsuCf:.ucCc„or Irustec or [ousters. who shall, w i!hout eomc_\ance, from the Iru,we predecessor.
<br />succeed to all its title. estate. nghtS, pm%ci and duties
<br />No \Vaiver by Benerrciar%: \o wai\ci h\ Bcnellelar\ of am !igltt under Ilits Deed of fru,t ,hall he ctlectoc unless m
<br />writing. Waiver h\ Bencticiar\ of ,ifi\ right granted to Benctican under till, teed of trust or of auk pio\!,ion of this Deed of
<br />Trust as to anv transactton or occw rcnccs shill! not he deemed a u :uvrr ;u to anv tricorn transaction e,[ (,CCU! recces Rv accepting
<br />payment of ally sum secured hereh\ attcr its due date, or h\ making am pa}mcnt or pvrfoinune, an\ act on hchaft of liu,tor
<br />that lrustor was obligated thereunder. but lailed, to rnake of pcttonn. of h\ addmg:m\ pavnu•nt ,o made h\ Bencliciar\ to the
<br />indebtedness secured hcrchy. Henefhciar\ does not \,ai\c us right to re•quife prnnlpt payment uhcn disc of all Other sums so
<br />secured or to require prompt performance of all other act, nc•uuurd hetemILICI or to dcclaTC a delau!t tilt la!lute so to pa\
<br />Waiver of Statute of Limitations: lime is of the essence oil Al I ru,tor: ohhgauenS lie Fell ndet and to the c\tcnt permitted
<br />h\ law, lrustor waives all present nr luture statute, of linut:uion, \s uh re,pcCt to an\ dcht. dcnhand or ohligauon,ccuic l hereh}
<br />in any action or proceeding for the purpose of enforcing tilt, (rust or an\ rights or remcdw, hcrcundel
<br />Inspection and Business Records: Beneficiary at :tm time durnhg the Continuamon of tilt, li use chin enter and m,prct such
<br />property at any reasonable time Truster agrees that tit the cent such piopett\ is now of hercaltct used for coumiercrd or
<br />residential income purposes, when requeSICLI b\ Bcnehcrtn, [first(,[ Null prom pt)\ lelr\cr to BCFICIIe7a1} Such Certilicd financial
<br />statements and profit and ION, statement, of Such types and at such uucr\als as ma\ be ;equoc•d h\ Bcnetictan which \\ill he
<br />in form and content prepared .according TO the usual and accepi,!hle accounting p!nhc!plCS and pr.hctice,, whi lh statcnhcril shill!
<br />co\er the financial operation, iciating to Such propert\ and lrustor further liner, When requc,tcd h\ Benehcial\ to pnanpth
<br />defi\rr in writing such further addiuon,rf lilt ortnatiIll as rc•qum:d h\ Be•nctircu% !clenn_, to .w\ Such Imancial ,tatemcnls
<br />Acceleration Clause: Should lru,tot, or am wccc,,oi in in!erc,t of lnsto!, \olunt,u!I\ r in\Ohincani\ ill. exchange_
<br />convey, tran\fei, contract ui sell. Icase Will opUOn to pun'hisc, Suh!casc, dr,posc of. :h.ufec !tic Cha[actcr of use of. or lur!hct
<br />encumber such propert\, or :ur\ part thcfcnl. Of any merest thcton. Or it an\ sir ,:rid pattn „nail he dnast•,•d OF nl!c to ,uCh [cal
<br />propert, or :ui, partthercof or am !clews!;hrrcineahet \Oho .od%.n 1:3 —k,nLU ,•i ntk ,u;hly ,poi!\ heSUhtr. :tram
<br />hen or charge vOIa :nC.tniy r uhvolum,aiii,. — rill—tu!al it ,tnn!!on. %W1wiu !tic yv!incn :,m.,cn! ! Bcnriho.oi hvin'! tins!
<br />had and obtamrd. then Hrncl!el.rr\ Shall fh.oc the iu:h!. if it , OpChnn, to (terra!'. , . ,um•..c, rrvr\i h,!rh, t uthuuL+ disc anei
<br />p.oahic. and thi, , :unr t!gh! of arccicu!tl iOn Sha!f h, to B�Twh� 1;w, ! !'n !h; rncn,u
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