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86--- 105864
<br />1. T Is tMie WW sad subject to the further trust the the stipi utrtprshali remain in qaW
<br />and bM psommlim of the obvioe Busted and described premises and take the profits thereof to his own tux WWII
<br />detwk be oak its say psyt mall *(as bwallmo tt due on said note or to the performance *(my of the covenso Wa or
<br />ttaWkiwas eamtainsd thwWo w in this heel of Trout; wti. she to secure the reimbursement of the Bessoliclary or sop
<br />other be+ldw of mW a" tits Trues w any subslitew "trustee of any and all coats and expenses incurred. including
<br />wmttige Mtmwew (am M "40" of any litigation which may arise with respect to this Trust or with rat to
<br />she dwdebtadtta elorWeMrsd by aid Woow the pretertion and maintenance. of the property hrreinabove described or in
<br />obleinies pmaw tttt of nW pnRwtr after any ask which may he made a hereinafter proviArd.
<br />_. Up w do bN pgnitint of dw k damidnssa widsmeed by said mote and the interest timmen, the psymms of
<br />A educe suns hseriw ptrovided tot. the repayment of all amain advanced or espetrded powwow to said mew or this
<br />drapes mm% stud tests the paytwsttt of an other primer eats, charges, dxsmettinima, and exit dna i the -be - e described
<br />psrpmy dWl bs rshW@d sued teas @yw a amd m Ibis asst of the Trus for .
<br />1. Upset dsfaalt in my of Ate esvdements or eenditleas of this instrument or of the now or loaf agneemrsm secured
<br />bershy, the Dew.ddeey w his assigns may without notice and without regard to the adequacy of asewity for the im
<br />debledweee secured. either personally or by attorney or agent without bringing any action or poet i#% or by a
<br />receiver to be appointed by the court, enter upon end take possession of said property or any part thereof. and do any
<br />acts which 8ewelieierp defame proper to protect the security hereof. anti either with or without taking possession of
<br />said property. collect and receive the rents, royalties, issues, anti profits thereof, including rents accrued and unpaid,
<br />and apply rite sane, leas costa of operation and collection, upon the indebtedness secured by this Deed of Trust, said
<br />r ts. royalties. issues. and profits. being hereby assigned to Beneficiary an further security for the pay of such
<br />intkbtednesa. Exercise of rights under this paragraph shall not ciare or waive any default or notice of default here-
<br />under or invalidate any set done pursuant to such notice but shall be riiniiilative to any right and vesmedy to declare a
<br />default and to cause notice of default to be recorded an hereinafter provided. and cumulative to any other right and/
<br />or retwedy hereunder, or provided by law, and may be exerciard conctirrently or independently. Expenses incurred
<br />by Beneficiary hereunder including reasonable attorneys' fees shall be -sectored hereby.
<br />4. The Trusts is and agrees 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 secured shall immediately become flue, payable, and collectible at
<br />the option of the Benelleiary or assigns. regardless of maturity, and file Beneficiary or assigns may enter upon said
<br />property and collect the rents and profits thereof. I1pon much default 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 he 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 ()f the time, terns, 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 Bewficiary or any person on behalf of the 14mrfictar/ nomv hid anti purchase at such sale). Such
<br />soM will be held at a suitable place to be arlectrol by the Beneficiary within said county or political subdivision. The
<br />Trustee is hereby authorized to execute and deliver fo the purchaser at aurh Pair a sullicient conveyance of said prop.
<br />erty, which conveyance shalt contain recitals as to the happening of Irfatilt upon which the execution of the power
<br />of sale herein granted depends; and the said Trusto%rrri►v rnnatifoorn and appoints the Trustee N his agent and
<br />.ltorftey in fact to awake each recitals 0#111 to execute said c,tnvrsance and herAy eovettants and agrees that the re-
<br />citals so made shall be binding and conclusive upon the Trustor and Paid conveyance shall be effectual to bar all
<br />equity or right of tedewnptien, homestead. dower, right of appraisement, ands all other righia and exemptions of the
<br />Trustoc all of which are hemby expressly waived and conveyed to the Trustee. lit the event of a sale as heramabeve
<br />provided. the Trustorw sty person in possession under theTrust"r Phall then becowole and 6e tdewaw a holding
<br />over and shall forthwith deliver possession to the purchaser at such Pate or be summarily dispossessed. in accordance
<br />with the pr+ovieiawa of law applicable to tenants holding over. The power and agency hereby granted are coupled
<br />with an interest and am irrevocable by heath or otherwise, and are granted see cunittlative to all other remedies for
<br />the collection of sold indebtedness. The Reeeficiary or Amignot may take any other appropriate action pursuant
<br />to stole or federal atsttste either is state ass Federal court or otherwise for the disposition of the property.
<br />S. In the event of a sale se provided in paragraph 4, the Trustee ahali be paid a fee by the Beneficiary in an
<br />amount not in excess atf percent of the groan amount of said Pale or Parrs, provided, however, that the
<br />ststeant of each fee shall be reasonable and shall he approved by the Renefiriary am to reasonableness. Said fre
<br />diltall be in addition to the eMs and expenses incurred by the Tritater in condtrrting Purls &air. The amount of such
<br />coon sod expenses shall be deducted and paid from the aslr's procreda. 11 is Ifirthrr agrrrtl that if Paid property
<br />shall he advertlsrd for sale as herrin provided and not Poll. the Trimire Phall lor enfitird to a reasonable Ire, in an
<br />amount aceeptabe to the Beneficiary inr Ilse aervicea ate renderrd. The Trnnir.• .hall Also he rrimhursrd by the
<br />Aenelieiery for all cods and etpenses incurred in ronnert ims with the mlvertiaing t-f said prnprrfe for •ale if the Pair
<br />is not consummated.
<br />i Wt. The WWOO of ant oak of said property in orenrtianve with paragraph 4 -shall he applied first to payment of
<br />Cosh. and expenses of sold sale. the raprnne+t inriirre #1 by the 114 ts.-f stars ffsr Iles I'ttrpnPr (of prnircting nr "lairs,
<br />Mining Nld Property and a room! able, attorneys' flea; srstendlt, ter pasntrnt ill tits rnelri►ieeliersP Wcured hrrrht.
<br />sort thirdly, to pay any surplus or excess to Ilse prison ter pertitena luseally enfitled ilirrrto,
<br />7, In the event raid ptoperty is sold puMtiant its file Alit et- tria.aftom rhnialned to Osto insirument or at a �tidieiat
<br />fnreelmare *06 and the proreefls are flat aullivient to pat Otte total m,lrhipans -" «- ,- tercet hr tltlP inatrlO"Wvll to�i
<br />evialrrlreff by Paid promissory "oIf. file ffenrticiars will he rtttitted Ir, 9 'Ir6rirnry ilt,iansrtst rtl, rhr 4"100111 4 !hr
<br />4#h, ir+ptcy without tegartl to afprsiaemrni. Otte t Mavens Wal% 0 .nat aMiatkrd All I tallIA of slslarssartatrtsi tar tlsr
<br />"trustee.
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