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d <br />IrS6v- � 08820 <br />I. 'f tits o ywM hl taxi, wpm and sotbject to tile' further Intel tbot lbe Mld shm resnalw- <br />ggtd `petunia, of do Aber, and dear a" prom!— and take the predts +beret to his owe use 9011 <br />"auk b, me& is my,poyasrtc of on i'malhvesnt Plus on said note or in the performance of any of the esvmwaftw cr <br />oamdNisns eaMoinei tltartrim or lo fide Deed of Trot: and, aim to to the reimbursement of the Beneficiary or any <br />a*" holds, of aid OOW die Ttwtso or Any wratHsle I ustee of any and all costa sad expenses incurred, inchdinit <br />wworits @"mop• tics, am ttterotsat of Ant' B0gpilisn whkh may wrier ,►lilt respect to this Trust or with respect to <br />fin ova A-n by axial na.. do protection swd maintenance of the property hereinabove described or in <br />.:;.::....r.�s_ of ay _ordrot", Aker city uk which may be made a hereinafter provided, <br />2.%AIp@tm ws,h& p e j Nte sLtis 177777Md�tsn, oefieweed by call w,ty swd the interest thereon. tin psywwt of <br />all lilt,, arcs; =bMri /rwNad Mr. dtA> of all minim anarped K experttied prrtitssnt a all tttMr w tlda <br />butwo hat. art .npsa do ps�aemt Af rN edwr proper em" d arro. e,mininlwr and expenant, the liAro deae,ibii <br />ptrop�etr ahsN.b siienAd sill rAae1a" to sntd at tits sett d the Trustot . <br />a. Upon dafa tit in any of tba eerem mss or esndhisas of this IV "strut or of the now or least agelAataat tloewed <br />"'the Am Ilmisryin Isla awifpr my withow uroliee and without regard to the adequacy of seemity for the in• <br />oieblalwen saetttud. oltMer pnoswally or br attorney or agent without bringing "any aetien or proceeding, se by a <br />receiver a he,opq , I by the fw,1, enter epos and take possession of amid property or any pert thereof, and do sty <br />acts which Somilleisry`daiettta proper to protect the wearily hereof, amt either with or without taking peonsion of <br />acid property.,, Meet said resolve the tents, royalties, issues, am) profit* thereof, including rents averred and unpaid, <br />and apply the x0)!11,. less costa of operation and collection. upon the indrMedaeaa secured by ibis Deed of Truett mid <br />rents,roymkio,, imams, and pseMtt, being hereby smigeed to Beneficiary as further security for the payment of such <br />irsdebk4bw s. Exeodso of rights under this paragraph shall not cure or waive any default or notice of default here. <br />snit, or iwvafidate airy aft dove put""$ to such notice but shall he cumulative to any right and remedy to declare a <br />default and to cause mK$m of default to be recorded ate hereinafter provided, and cumulative to any other right and/ <br />or errs, y lot routside r. or provided by law. and may be exercised concurrently or independently. Expenses incurred <br />by Benefieiery hereunder including reasonable attorneys fees shall be secured hereby. <br />g• The TrustoXwv000nu and agrees that if he shall fail to pay amid indebtedness, or any part thereof. when <br />due, or shall fail M perform any covenant or agreement of this instrument or of the promissory note secured hereby. <br />the entire isiieiledwome besuby secured shell immedliately become fine, payable, and collectible at <br />the option of ohs lieneNeisry or sssigtls, nwordem of maturity. and the Beneficiary or &@signs may enter upon amid <br />property and collect the t^ewts and profits thereof. Upon such default in laymen or performance, and before or <br />after such entry. the Trustee. meting in the exeerttion 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 resister 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 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 />land the iawefieiary or any person on behalf of the Brnefeeiary may Mal and purchase at each sale). Such <br />sale will be held at a suitahk place to be selected by the Beneficiary within said county or political subdivision. The <br />Trustee is hereby maborised to execute and deliver m thr purchaser at much sale a su frient conveyance of amid prop. <br />any. which eswvsy shalleantain recitals me to the happening of default upon which the execution of the power <br />of sets her A graveled depends; and the aid Trustot1wrrhy ronalht /stew and • appoints the Trustee M his agent and <br />Monwy in fort to make such reckale and to execute said ronvey sure and hettby covenants and agrees that the re- <br />citals so mad, sail be binding and conclusive upon theTrus for anti %aid conveyance shall be effectual to bar all <br />tyltity or tight of redemption. homestead. dower. right of appraimernent. ands all other rights and exemptions of the <br />Trustoc all of which are hereby expressly waived and conveyed to the Trustee. In the event of a male as heseivesiove <br />Provided. the Trustorer any In in peowsokm order theTrustOr shall then become and be ter is holding <br />over and shall feethwith deliver peonsimve to the purchaser at such pair or be summarily dispoaeofd. in Gees Once <br />with the proviai,ne of law applieoble to iemmts holding over. The power ad agency hereby granted are coupled <br />with an interest sod `am irrevocable by death or otherwise. and are granted as cumulative to mil other remedies for <br />the collection of mid in lot The Beneficiary or Assigns may take any other appropriate action pursuant <br />m stNa or Federal astatte slither is abate or Federal court or otherwise for the disposition of the property. <br />5. In fire eve wl of a sail as provided in paragraph 1. the Trustee shall be paid a fee by the Bemieficiery In an <br />Oman" net in excess of percent of the grow smormt of maid sale or sales, provided. however. that the <br />amewat of mark fee shall bit reasonable and x all be approved by the Beneficiary as to reasonablewas. Said fee <br />"I be in adiflidess be the emir and expenses incurred by the Trustee in conducting xorh sale. The amount of such <br />coast total expenom shall be dedreted and paid from the sale's procreds. It is hhrthrr agreed that if said property <br />shall to save fair ask M Mervin provided and not mold, the Tntslee shall be rntilled to a reasonable fee. in an <br />ameoW weeptablit to the Beneficiary for the services so rendered. The Tnhatre shall also he reimbursed by the <br />Bewrlidary 'foe all e,aM std expetsan inrurml in connection will the advertising of said property for sale if the sale <br />Is not castarnantAlei. <br />fi. The prareeda of any ask of said property in accordance with psrograph 4 shall be applied first to payment of <br />free rests. and I of Mid ale. the eaprstrS iacnrred by the 11.•nrfirian for the purpoar of proleetia dnain- <br />seining amid property and • t}asewaMe atNnheyi fed: secondly, to paynhent of the indebted tlras; erTby: <br />and thirty. to pay <my surplus or excess to the person or persons legally entitled thereto. <br />1, to the evso acid poor y is sold pursuant M the authorization contained in this instrument or at a judicial <br />forerlms,rr mole sod site is tweeds ate not "AriL-ne to pay the total indebtednea enured by this instrument and <br />evidenced by Said Promissory note, to Beneficiary will he entitled to a sletirienev }u.lament foe the amount of the <br />deficissdey, without regard to owitimmont. the Truntorhsving waived and assigned sit rirthis of Sppraiven.ent to the <br />Trustee. <br />