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t <br />86— <br />dw further trio, that the saidTrustpxe <br />teribed pression and take the proAu them <br />P on sold note or on the performance of on <br />iith <br />of <br />as hereinafter perwided. <br />i nag <br />psopeety t1haH bo'saleawd swr< t"saartrs„i M anal at eha east of Ices Trua[or . <br />hereby. tM CWT su his retry tsitbamt ttoI'm and without regard to the °adequacy of "em ar it, f tltc i e. <br />r1eMe+lmttn atterrad,1 1-1 r pttsataiwally or by attorney or agent without bringing any action ter, proeae ittg, sir by a <br />ractive r io be'appolm"d by the eartrt, "eMe± "pan and take posansion of acid property or any part thereof. and do my <br />oels sottish iemalkiary items proper a protect the security hereof, and either with or without taking;pommiam of <br />attic peoporly. milled ttMi'nseire the rental royalties, iaauea, and profits thereof, inch tilop rents accrued amd unpaid, <br />and apply else WNW, halt calm of operation and collection. upon the indebtedness secured by this Deed of Treat. said <br />rests, re"kism. iaww, std prelko, being hereby assigned to Beneficiary as further security for the payment of such <br />indebtedness. Bstetise of rights under this paragraph shall not cure or waive any default or notice of default hem <br />ttotder or imaNdaee any oat dens poraoant to such notice but shall he rmmolative to any right and remedy to declare a <br />,lefwh and; to eawo satisto "I default to be recorded as hereinafter provided, and cumulative to any other right andl <br />or reswedy Im owio or provided by law. and may be exercised concurrently or independently. Expenses incurred <br />by Beneficiary heretssder imploding reasonable attorney: fees shall be secured hereby. <br />4. The Trustplle and agrees that if he shall fail to pay said indebtedness, or any part thermal, when <br />dire, or shall fail to perform any covenant or agreement of this instrument or of the promissory note secured hereby, <br />the entire ' W � ' -- hereby secured skald immediately become dur, payable, and collectible at <br />the option of the Beseidery or soigne, regardless of maturity, and the Beneficiary or neighs may enter upon said <br />property anal collect the rear and profile thereof. Upon such default in payment or performance, and before or <br />after such entry. the Trustee, .ding in the execntion 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 titre 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 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 />Iasi the Samebeiary or any person on behalf of thr Benrficiary may bid and purchase at such sale). Such <br />sole will be held at a suitable place to be selected by the Beneficiary within said county or political ntltdivisiaw. The <br />irrustre, is hereby madwrioed to execute and delivrr to the purrhaser at such sale a sufficient conveyance of said prop. <br />erty, which conveyance shall contain recitals as to the happening of default upon which the execution of the power <br />of sale herein g►ttttletltdepewis. and the said Trustotftrrchv cnttatilittrs and appoints the Trustee as his agent and <br />.Itt,rney. in too to smakeaneh recilele and to execute aid ronvc.ance and hes�Uy covenants and agrees that the re- <br />citals so stale "I be binding and conclusive upon tbeTrus for and said conveyance shall be effectual to bar all <br />egmity - :right of'rashemption. b —nded. dower, right of appraisement, antkall other rights and exemptions of the <br />Trustor all of It am hardy expressly waived and eoaveyed to the Trustee.`(n the event of a sale as hersisaiove <br />provided, the Trustorge my leer is paoessiom under thnTrustor shall than become and be teammu holding <br />over and terdtwhis deliver possession to the purchaser at such lair or be summarily dispownoed, in accordance <br />with the peaviiMr of law appliea►M to ws b holding over. The power and agency hereby granted are coupled <br />with an inletrd and an irrevocable by death or otherwise, and are granted a cumulative to all other remelfes for <br />the coNeeden of aid hailableshessm. The Beneficiary or Assigns may take any other appropriate action pursuant <br />to data or Federal` dame Mbar is data or Federal court or otherwise for the disposition of the properly. <br />S. b the went of a sale so prodded iw paragraph 4, the Trwttee shall be paid a fee by the Beneficiary he as <br />a ~teat in eaten of pertrmt of the ip amount of said sale or sales, provided, however. that the <br />amema of aueh foe shot) be metastable and shall he approved by the Beneficiary as to reasonableness. Said fee <br />shall 4 iw aldNisn N tle earls amt eapenwo incurred by the Trialee in conducting arch sale. The amount of such <br />cosia amts emp t sben`be deducted and paid from the sale's procreds. 11 is further agreed that if aid property <br />than be dam Was felt stale as herein provided ail not anlel, the Tnustee shall he entitled to a reasonable fee, in an <br />-ow mowui aeesptabk to Bomeiriary for the services so rendered. The Tnutet• dull also be rrimhurar l by the <br />Drelpilelinj for an comb awl espen no incurred in connect ion with the advertising a said propterty for sale if the sale <br />i• nM lausmttttmaled. <br />i The peoeaoi of any sale of said pie" !y its accredsnce with paragraph 4 shall be; applied sort N r,menI of <br />(res. calla, need yttpeww of aril sole. the expense* incurred by the firneficisry for till- I'tairposr 44 tidle&i14 ll�r main. <br />missies saw`peopeAy and a eetsossbie'attttrnay: fees, seroadly, to payment of the indrbtedne secured hereby. <br />and thirdly, to pay any surplus or peens to the person or penMms lrgslly entitled thereto. <br />1. to'Ne event said property is sold pentoant to 11w. nttit,.risation contained in thin instrument or at a judicial <br />fa►eriaww sole sad the is step I air net surRrient to pay the total imlebte,lorm secured by this instrument anti <br />evid+mcetl by soli Promises" mete, the fleneRriory will he entitled to a drfirienry joditment tot the amount of the <br />drfirisney "bout re'tael to appraitte tw4t. theTtttatorhavinll waivenl and asigmd all tights of appraisemeot to the <br />TrursHe. <br />