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86- 104223 ,N the kraa secured hereby arc to be aprlied at v l►enefi :+.an aaron ant indebtedness secured herchy. No such apnccation, use or release .hall cure or wane any default Or notice of default hereunder or invalidate any act done pursuant to such notice Cott_sent. Partial Recons-eyance. rte_: That at any time, or from time to time_ without habduy therefor and w= ithout - notice. upon written request of llenefician, and without affecting the personal liability of any person for payment of the indebtedness secured herefiv_ or the lien Of this Deed of Trust upon the remainder of such property for the full amount of the indebtedness then or thereafter, secured hereby. or the rights or powers of the Beneficiary or the Trustee with respect to the remainder of such property. Trustee mar` fa l rectonvey any part cif such property_ fbi consent to the making of any" map or plat thereof, let loin in granting am easement [hereon, or (d) join in sn }' cAtension agreement or anN agreement subordinatint the Iten or charge hereof_ mull Wconvesanee: That. upon written request of T3eneficiary stating that all :sums secured hereby` have been paid, Truster shall recomey, wilhout warranty; the property then held hereunder. The recitals in such recomeyance of any matters . of fact shad be conrlusiye proof of the truthfulness thereof. The grantee in such reconveyance rhav be designated as "the person or persons legally entitled tbercto Such request and recon%t ante shall operate as a reassignment of the rents. income, issues and profits hereinhefore assigned to Beneficiary iiigirt to Collect and Receive Rents and Profits. Notwithstanding any anther provisions hereof, Beneficiary hereby grants . permission to Truster to collect and retain the rents, income, issues and profits of such property as they become due and payahle. but reserves the right to revoke such percussion at any time, with or without cause, by notice in writing to Truster: mailed to Truster at his last known address. In any event. such permission to Truster automatically shall be revoked , upon default by Tritstor in payment of any indebtedness secured hereby or in the performance of any agreement hereunder. On any such default_ Beneficiary mat at any time without notice_ either in person, by agent, or by receiver to he appointed by the Court. and without . regard to the adequacy Of any security for the indebtedness secured hereby, enter upon and take possession of such property, or any part thereof_ maize. cancel. enforce or modify' leases_ obtain and eject tenants_ set or modify rents: to its own name sue or Otherwise collect the rents,, income, issues and profits thereof, including those past due and unpaid: and apply the canine, less costs and expenses of operation and collection. including reasonable altornevs fees. upon any indebtedness securcd'heretn and in such order as Benctieiary may determine. and except for such application. Benefrcran shall not he liable to any person for the collection err noncollection dam rents. income. issues or profits, for the failure to assert or enforce any of the foregoing rights, nor shall Benefretary be charged with any of the duties and obligations of a mortgagee in possession. The entering .upon and taking possession of such property. the collection of such mitts_ income_ issues or prof ;ts. the doing of other acts herein authori7ed, and the application ilicteof as afore ate;. shat: not sus , was an .m a? It ° ,�yt i of ��a,, .t �reuc,d t or in validate any act done pursuant to such notice_ Trustee's Sale on Default: Upon default by Trustor in payment of any indebtedness secured hereby or in performance Of any agreement ,hereunder, or anv agreement secured hereby. Beneficiary may declare all sums secured hereby immediately - due and payable and ,hall cause to be filth of record a wetten notice of default and election to sell such property. After the lapse Of such time as then may be required by taw following recordation of Such notice of default, and notice of sale hax ing been given as then, required by law. Trustee. without demand on 7rusior_ shalt sell .uch property. either as a whine or in separate parcels_ and in such order as it or Beneficiary mat determine at public auction to the highest bidder. Trustee may postpone' - the sale of all or any portion of such property cry public annt r crnem' ..he time and place of sale, and from time 1-41 time thereafter may postpone the sale by public announcement at the time and place fixed by the preceding psystporrement_ Trustee shall delitcr to such purchaser its deed coniey "ing the property so sold. but without ani` covenant orwarranty. express orimphod_ The recital in such deed of any matters of fact or otherwise shall be conclusive proof of the truthfulness thereof, Any person.' including Truster_ Trustee or Beneficiary, may purchase at such sale. Trustee may also sell at any such sale and as part thereof any shares of corporate stock securing the obligation secured hereby. and Trrstor waives demand and -notice of such. sale. f l3xttcfxiary at its optitan may alai fotYClose un such share+ fly rnde{?er:cicnt pledge sale. and Traitor waives demand and notice . of such sale t- Aftcr deducting all costs, fees and expenses of Trustee, and of this Trust. including cost of evidence of title in connection with such safe_ Trustee shall first apply the proceeds of sale to payment of all sums expended under the terms hereof, not then rcpaid. with accrued interest at the rate -their payable under the note Or ;rotes secured herchy, and then to payment of all other sums secured hcrehv, and it iitereafter there be airs proceeds remaining, distribute them to Inc person or person-, legally entitled thereto. If this Deed of Trust or ant note secured herehv provides for any charge for prepayment of am indebtedness secured hereby°, Truster agrees to pay said charge. il`any of said indebtedness shall he paid prior to the maturits date thereof stated insvd note or this Teed of ?rust. even of and natty ithsiartding Trii for shall have defaulted to rayment thereol_ or in performance of am agreement hereunder. ins# Beneficiary bt reason thereof_ shall have declared all sums secured hereby immediately due and parable. Substitution of Trustee: That Benefician max. farm time to rune. by instrument in writing..uhsutute a successor or successors to am Trustee named herein or acting hereunder, which instrument. executed and acknowledged by fteneficaary and recorded in the office of the register of deeds cif the county or counties where such property is situated. shall be conclusne proof of proper substitution of such suciessorTrustee or Irusti�es, who shall_ without con\evances from the Trustee predecessor_ succeed to all its title, estate, rights_ powcr and duties. No Waiver by Beneficiary: tin waiter by Benetician of ant r'itfst under this Deed of Trust sb:tll he effecisye unless to writing. 'AUIi Cr by Bcncticiari of arty right grained in Bc•nc:ieaaiy under this freed of Trust of ofam provision of this Deed of 'Iruuns 1C,atty transaction or c >ecurrenyes chair not ire decmcd a yyaiicr as io anti future transaciun err occurrences- By accepting payment of any sum secured berefty aticr its date date_ Or its making ani payment or performing any act On behalf oaf Trotter that Truster was etbhgated hercurider. but failed, to snake or perform, or bs adding any payment sea made by Beneficiary io the _ indebtedness secured heTChy_ HCOCIii IaT% LOCI 1101 waitC its rii'ftt ti? ''tsltaire prompt paymeat- when due or all other urns secured or to require prompt performance cal all other acts required hereunder �,r to i_cUrr _ to; faii,i._ ;.a to y. Waiver riff Statute of l.anitatiuns: Time is ofthe essence in alt Ti "usz.rr: + f*ligationa hereunder. and to the extent perrimcd by law, Trus101 waives all present or future statutes of limttations with tc rcci to any debt, demand err obligation inured bercby in any action err prrrcreding for the purpose of enforcing this Trust Of tiny right, or rrmedae: hereunder. InWeti(n and Buvinesc Records.'Benefirciary at any time darnel the cantinuaticon Of this Trust mayenter and in,pect such properfy at anv reasnnabte ume. 'Truslor agrees that in the cyent such pz "opcnt is now err hereafter uwd for commsi ! or residential income purposes, when requested by Beneficiary. 'Irustorwill promptly deliver to Beneficial\, such certified finmetal statement.s and profit and loss statements, of such types and at such intervals as may he required by lictsefictary which will be in form and content prepared according to the usual and acceptable accounting principles and practices. which statements shall corer the financial operations relating to such prnperty` and T;rustor further agrees when rcquc:atcd by fieneficiarx- tit promptly deliver fn morning such further additional infairnation a= required hs Rentficiaty relating io any such financial stateinents Acceleration Claust: Should Tiusior, ar any sutcesnor in interest cif 'trustt,r. xoluntarily or inxuluntard% seff tl xchanee_ ceomc), trarlsftr, contract to sell. lea :,t with opt4on to purchase, subleasi-, dicpane Ol, change that ch'a,actel .0 tine eOf_ air tt3rtitcr encianber .uch pmpvtt,, m an: part theteot, of <any infefcsl the,t-in, of if ar?y of Said pattw,'halt ht- d1 esr+ „t cot titic iE zna' =real tarA,IXitN?'t 4nv parr theic4rf ear arts rnt,-ir,i l?acrcin c,ihcr 4acuutarils a,r rny?lui aIily .r if t :1Ic t4,1r'M i1crit tv , 0 h icot towns lien „r charge •,olurrtaanlx m m- olurtarily. erontraetuai or �.ratwoli ' wsft,,,ut 1111 wtitfe'r; r sir ?I ..' ffcrtt'fisitrit. Shriner ii,a !Wkf Old 011.44cu•el. 111r4i Wit>a : #adiy dial + -T *u -iher a,t r*&'_4Wv. solid 1104, ".vilt fight of aru °Irtafurri shall fie .nrol.ahic err lietr:Tivai; it tf.r curiltrt,•aria t. ,i ,, :a- ltict.9i,p i .f ±ter i..,, <_r�t