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86., 105388
<br />1. Tlhie sen eyttwre to medo up" fiesd subject to the further trust that the aifff r u11 ty#,r shall ntwaln in
<br />chid dim of da &I*" gtmW alai described premises and take the proFta thereof to his ewes nse tooth
<br />default be mode is my Mfawo of an ittaolimoint flea an sold #into or in the p►rformetwe of any of the oatwteuahta of
<br />e itlega eemse led tom N In this D@W of Trust: and. alto, to secure the reimburse tount ei tiro ilerneiieisey e0, any
<br />odhes holy# of (MId setfie does Tre" or any *W*JloW trustee of any and ail costa and ex fremea incurred. iiied"din#
<br />noses" ettoemy left ew weetrnt of say litigation which may arise with reaper to thin Tract or with to
<br />lib hWobtado" otrida eel by sold Mai." protectiett awe maintenance, of the property herrinabove, d wrribed or in
<br />/ettt oks of "Id PrOMAY enter any sale which may he made w hereinafter provided.
<br />1. Upw the AM, pi><gtrtli of tits lodlebMdam efe0 need by aid now sesd the IntrreN tlhere,ew. die pegttaswt of
<br />A odd ersao' bevels p oviitMi too, dw r*Nywawt of A wham" advanced or ex"Weled purefusm v sow saw or this
<br />itrtmnnnk and opm dot, pefttawta of fit Ober prspler eo#W charyos, eommissions. field amp neea. dtfi oiefo dasaibod
<br />►roMrh tdeeli ,. roioet>ai ..d t.ee.wyed t. west at tbo east of elhe Trus for .
<br />1. Upiem deAmA In any of flea otovensesta or ronditlews of this (natrument or of the now or lash agrttatweN metered
<br />hereby. the BaseSelery or his seeigehs mar without native and without regard to the adequacy of teeteutt(ty for the in•
<br />eectnrsde either personally or by attorney or agent without bringing any sctiow or pro -eedills, or by a
<br />receiver to be oppoleled by the court, enter upon and take possession of said property or any part thereof. and do any
<br />sets which BeseerAciery dttewns proper to protect the security hereof, anti either with or without taking nos imaieee of
<br />said property. collect and reeeive the cents, royshim isbuf% and profits decreof, inchding rents nerved and unpaid.
<br />fired apply the memo. less comb of operation and collection, upott tier indehtednese secured by this flied of Trust. said
<br />#cote, royalties. kPises. awe prolito. being hereby was tperd to Beneficiary as further security for the pay one wI of each
<br />iwdebtednew Exercise of rights under this paragraph shall toot cure ter waive any default or notice of default hear
<br />under er inveli,late sty ail done wnr cant to such notice but shall he c►tmolative to any right and remedy to declare a
<br />default and to cause notice of default to be recorded as hereitsafter prov filed, and cumulative to any other right and/
<br />or ren,rdy hereunder. or provided by lair, and may be exercised concurrrmly or independently. Expenses incurred
<br />Ivy BeneGeiery hereunder including reasonable attorneys' fees shall be •retired herrhy.
<br />4. The Trusta**vane,ta and agrees that if he shall fail to pay said indrietedneas, or any part thereof. when
<br />due, of shall fail to perform any covenant or agreement of this inatrumrnt ter of the promissory note secured hereby,
<br />the entire Wilebatbneen haraby secured shall immedistely hrcomr t)ne, parable, and collectible at
<br />the option of the Irwellleiary or assignor regardless of maturity, and tier Beneficiary of assigns may enter upon said
<br />property and collect the rents and profits t #dcrrof. I1pon such &NJI in paynsent or performance. and brfore or
<br />after such entry, the Trustee, acting in the exrcution of this Trust, after the notice of default has
<br />g
<br />been recorded, shall mail a copy 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 nt,tice of sale by recording said request for
<br />notice with the register of deeds in the county in whi,-h this instrument Is recorded, and
<br />after the lapse of time which is required by taw after mailing the notice, the Trustee shall
<br />have the poorer to sell said property, and it shut 1 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 />*'
<br />highest bidder, first giving five weeks' notice i,f the time, terms, and place of such sale,
<br />fix.
<br />by advertisement not less than once during each of gaid five wet�ks ire a newspaper published
<br />or distributed in the county or political subdivision in which said property is situated,
<br />land the Bew &c wry or any per*on on behalf of the Wee •f,ciary msv hid and purchase at such oak). Siuch
<br />sole will be held at a suitable piece to be selected by the Beneficiary within said county or political subdivision. The
<br />Trustee is hereby fiatherised to earruir and delivrr itt the pt►relusrr at atich sale a sufficient conveyance of said prop.
<br />arty. which eeeeveyetnae shall contain recitals fits to the hapl+cninK of default upon which the execution of the power
<br />of sale herein gradated dopends; end She said Trusto>herrhy rt.uatitutri, and appoints the Trustee a his agent *nil
<br />attorney is (feet to make such recitals anti in rxecute said cddmr%ance anti heitby covenants and agrees that the re.
<br />eitaia so haste shall be Wading and conclusive upon liteTrustor and said comevance shall be effectual to bar all
<br />e,,teity or r*bl of redes nptiew. homestead. dower, right of appraiarment, and# all other rights and exemptions of the
<br />Truster an of whim on horobv expressly waived and conveyed to the Trustee.. In the event of a bale so hemaeebeve
<br />prsvided. the Trustorur, any person in poseriesion under the.Truster shall than become and be temuw holding
<br />over and shall forthwith deliver piety mien to the purchaser at such salr or he summarily dispossessed, in eeewdence
<br />with the ptsvisiewa of Ian applig" to tenants holding over. The power and agency hereby granted are coupled
<br />with an intervst and am inew able by death or otherwise. and are granted as cumulative to all other - *medicos for
<br />the celkstioes of said lthdebtodtAOSS, Tho Beneficiary or Asaigns may take any nihrr appropriate action pursuant
<br />to Note or Federoi Astute widest in Kate or Federal court or otherwise for the disposition of the property.
<br />S. in the event of a sale as provided in paragraph 4. the Trustee shall be paid a fee by the Beneficiary in an
<br />amount not he woes of percent of the At amount of said sale or sales, provided, however, that the
<br />"Mush of a" fee s6M be rsaaonshle and shall he apprt►vrd by the Beneficiary as to rrasonabienew Said fee
<br />shall be is addition to the tww and expenses incurred by the Trustee in et►n.hirting such sale. The amount of such
<br />eeew tai expeasto shall be deiiucted and paid from the sale's proceeds. it is further agrred that if said property
<br />shall b' fith'Misrd for alp sa herein provided and not sold, the Trtts,rr shall he rntitlet) to a reasonshir far, in an
<br />amount atteptable to the Benefciary for else servicrs so rrndlrred. The Tr,uttrr -Mall sfao be rcirnhursed by the
<br />Benelkie" for all toot and expenaee, ineurrrdl in eonnert imi with :!►c :,tlrrrlt.inK uf' ltrnprrty for aslr if the oak
<br />Ia toad consummated.
<br />b. The prods of any oak of said property in accordance with firs ra th 4 shall he a lire! first in '� r g 1 pp p..mrnt of
<br />(cote. eoah, and( rupersss of said ask, the retprnaes incurred hr the f,yr 111r ltterl►osr of protrrting eft ms►n.,
<br />Mining sfeid pttsperty totted a rif sewablo attotraeys' lees; srrandlr, to patntrni if the milrittrtinr+ra seetireil herehu;
<br />and Ihirdiv, to pay any surplus or caress to the prr,eon At tw•r..sna Iraallf ruttilyd tlterrtc►.
<br />1. In the evert said property is sold pursusnl in ,idr to 0,r+ inst tn►rnt rte stag +suit isi
<br />ft►rrrl Urn Marto "A the pt'#►rtwds aro "I suirwient to pay tl,r t0,. ►at tA, thud inatrtttnrltt •0,r,§
<br />r�idr#aredl by said 1# 0 Jalmy not#, tl* llrnrfirisrd -ill he retitled it. s jrlwi.nc•r 111djenirtti fta �hr sntLsttttt ,.f the
<br />dry w without t fird to opptaisioni+mt, tit# I'T u,4 t f j Itsrtng wat,e•l anti s«•i0,trrcl .eel ,10,1110 of sl *1.tsty� teat l�«. the
<br />T rt+atd►o.
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