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I <br />86- 105707 <br />1. Tbls y to teach opts oat anbjoet b the further Iran that the mi•lTruatp_rhall verse, , timint <br />and poses" potesmko of des sbeae pasted mad described premises and take the profits thereof to his men we "III <br />tlefnth be mode is may payment of an installment due on mid note or to tits performance of any of the covemmis or <br />aemditisns eomtsimsi denim or in Ili Deed of Trost. oad, she to occurs the reimbursemenI of the Benallelery er say <br />other l Welau of mil theta. die Tnmom w say ambsd4tt4e tewstae of any and all eons and expresses incurred, ineluding <br />reemse a shone" ' fames magm t of any litigation which may arise with respect io this Twat or with respect to <br />Ile kmkbndmawavidosad by add well, alto protection and maintenance of the pmpsrty hereinabove described or in <br />abletain g penalties of add property after any ask which may be made a hereinafter provided. <br />Z Upon do foci popoo t of tba isdabWWha a I am pfd by mid now end the Interest lots ett. the pymsm of <br />aft elberems teasels plowhild ter,. Ile impel moar et all stsowim sdvrrwoed M expended pmremeat t• salt eels or this <br />bwrrmom, mad open dm paylmsat of act ells piepor emew elaorgos, cotmnsinlons, and expesoesv the sieve damodard <br />property shall 6 relnrod and rmeme yei to and at tbo cad of the Trus for . <br />3 Upset defaoh in way of the cevoaoaa or conditions of this instrument or of the note x has sgn memt secured <br />hereby the semdeiary or lice smdw may without notice sad without regard to the adequacy of mew hy for The in• <br />debteriness secured. either personally or by ■ttoreey or agent without bringing any action w proceed,g, K by a <br />receiver to be eppo,lei by the court, enter upon and take possession of said property or any part thereof. and do say <br />acts which Beneficiary donne proper to prstect the security herrof, and either with or without taking poomemisw of <br />mid property. cancel and receive the revels, royshies. issuer, and profits thereof, including rents seerued sad unpaid, <br />end apply the em' lees emu of opnntine and collection. upon the indebtedness secured by this Deed of Trust, mid <br />treats. royalties. i.ws, toad profits, being hereby assigned to Beneficiary as further security for the payment of such <br />indebtedness. Exercise of rights louder this paragraph shall not cure or waive any default or notice of default here- <br />muler or invalidate My set done pursuant to ouch notice but shall he cumulative to any right and remedy to declare a <br />d efouh and to came notice of default to be recorded as hereinafter provided, and cumulative to any other right end/ <br />or remedy hereunder, or provided by law, and may be eserriard concurrently or independently. Expenses incurred <br />ley Beneficiary hereunder including reasonable attorneys' fees shall be secured hereby. <br />4, The Trusto*ovewants amid agrees that if he shall fail to pay said indebtedness, or any part thereof. when <br />due, or shall fail to performs any covenant or agreement of this instrument or of the promissory note secured hereby. <br />The entire I I t' - , * hereby am red shall immediately hrrome title, payable, and collectible at <br />the option of the Beneficiary or assigns. regardless of maturity. and the Beneficiary or assigns mayj enter upon mid <br />property and collect the rents and profits thereof. I1pon such default in pay rwent or performance, and before or <br />after such entry, the Trustee. acting in the exenetion of thin 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 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 />highest bidder, first giving five weeks' notice of the time, terms, and dace 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 />Iand the Beneficiary or any person on behalf of the Beneficiary +nav bid and purchase at such sale 1. Such <br />oak will be held at a suitable place to be selected by the Reneficiary within said entirety or political subdivision. The <br />Trustee is hereby autleerised to execute and deliver in the purrhasrr at such sate a stAkient conveyance of mid prop. <br />erty. which conveyance shall contain recitals so to the happening of default upon which the execution of the power <br />of sale herein granted dspewda: and the paid Trustorfwrrhy rnnalitrree. and appoints the Trustee as his agent and <br />tttorney in fact to make such recitals tend to exerote paid turn"-% once and hei0iby covenants and agrees that the re- <br />citals an ntadfe shall be binding semi conclusive upon the Trustor and amid conveyance shall be effectual to bar all <br />equity or right of tedempties, homestead, dower, right of apprmisement, and# all other rightit and exemptions of the <br />Trus toc all of which ace hereby expressly waived and conveyed to the Trustee. in the event of a sale in haeiwaieve <br />provided, the Trustorer my pew is possession under theTrustor shall then become and be tenants holding <br />over and shall forthwith deliver possession to the purchaser at such sale or be summarily dispossemed, in accordance <br />with the provisions of low opplie" to lemmata holding ever. The power and agency hereby granted are souped <br />with an interest and an irrevocable by death or otherwise, and are granted as cumulative to all other remedies for <br />the collection of said indebtedness. The Beneficiary or Amigna may take any other appropriate action pursuant <br />to state or Federal statate either is data or Federal court or otherwise for the disposition of the property. <br />5. In the event of a mile in provided in paragraph 4, the Trustee shall be paid a fee by the Beneficiary in an <br />amount not in exeme of percent of the gross amount of said sale or pairs, provided, however, that the <br />amount of aoeh roe shall be reasonable and shall he approved by the Beneficiary sa to reasonableness. Said fee <br />shall be IN addition to the ewe and expenses incurred by the Trustee in conducting aurh sale. The amount of such <br />costs wad espettses stall be deducted and paid from the pales proceeds. it in further agreed chat if Paid property <br />shall Iw advertised for sale m herein provided and not sold, the Trustee shall be entitled to a reasonable fee, in an <br />amount seeeptAMe to the Beneficiary for the esrvices so ren lend. The Trtdalr- .hall elan be reimbursed by the <br />Beneficiary for all eons and expenses incurred in ronnerl itm with the advrrtdsing of said prnperly for ale if the sae <br />is not eomemmmed. <br />b. The praeeeds of any ele of acid property in accordance with paragraph 4 shell he applied first to payment of <br />frees, teats. end expoase of mid pale. the Petiteness incurred by lite Rrnrfiviary for else ptirposw of protecting or main. <br />tsinitsg rid property and a roeenobde attorneys' fern; aerandls. to payrrtrnt of the tnde64dnesa secured herrbv; <br />and thirdly, to pay any surplus or rice ss to the person or prrwrna irleally entitled thereto. <br />7. in the event mid property is sold pursuant to the authorization — niamed in lhta instrument or at a judirial <br />foreclosure Yle and the ptrecneda are sat Wff/rient to pay the Intel tndrbledueaa .Prured by this instrument and <br />evidenced by said promissory note, tae Be"feriary will br rellillcd In a drfirirnry jadgmrnt for the amount of the <br />4eficieney without regard to •ppraiaement. 1hrTrt�4tt rhavtng wa »pd and aasranrd all rtahts ui •ppratsemrnt t� the <br />Trustee. <br />0 <br />