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85-- 0001-23
<br />1. This conveyance is made upon and subject to the further trust that the said Grantor shall remain in quiet
<br />and peaceable possession of the above granted and described premises and take the profits thereof to his own use until
<br />default be made in any payment of an installment due on said note or in the performance of any of the covensuats or
<br />conditions contained therein or in this deed of Truss; and, also to secure the reimbursement of the Beneliciary or Any
<br />other holder of said note, the Trustee or any substitute trustee of any and all costs and expenses inscurred, '
<br />reasonable attorneys fees, on account of any litigation which may arise with respect to this Treace or with reallassa is
<br />lite indebtedness evidenced by said note, the protection and maintenance of the property hereirrabove described O
<br />obtaining possession of said property after any sale which maybe made as hereinafter provisirt
<br />2. Upon the full payment of the indebtedness evidenced by said note Sod the is of
<br />all other sums herein provided for, the repayment of all monics advanced or expended purfmant to , '
<br />instrument, and upon the payment o: all other proper coats, charges, commissions, and expeassess, the absolve 4everibed
<br />property shall be released and reconveyed to and at the cost of the Grantor.
<br />3. Upon default in any of the covenants or conditions of this instrument or of the note or loan agreement
<br />hereby, the Beneficiary or his assigns may without notice and without regard to the adequacy of security for
<br />debtedness secured, either personally or by attorney or agent without bringing any action or proceeding, or by a
<br />receiver to be appointed by the court, enter upon and take possession of said property or any part thereelf, and do any
<br />acts which Beneficiary deems proper to protect the security hereof, and either with or without taking posseallisort of
<br />said property, collect and receive the rents, royalties, issues, and profits thereof, including; renU accrued and unpaK
<br />and apply the same, less costs of operation and collection, upon the indebtedness secured by the Deed of Trust,
<br />rents, royalties, issues, and profits, being hereby assigned to Beneficiary as further security for the payment of Snell
<br />indebtedness. Exercise of rights under this paragraph shall not cure or waive any default or notice of defaluk
<br />under or invalidate any act done pursuant to such notice but shall be cumulative to any right and remedy to jeclare a
<br />default and to cause notice of default to he recorded as hereinafter provided, and cumulative to any other ri& aaaa/
<br />or remedy hereunder, or provided by law, and may he exercised concurrently or independently. acs incurred
<br />by Beneficiary hereunder including reasonable attorneys fees shall be secured hereby.
<br />�, The Grantor covPnarrtp Ana w -reel th -t_if ha J -11 _f-it expo - - --
<br />due, or shall fail to perform any covenant or agreement of this instrument or of the promissory note secured hereby,
<br />the entire iniebtedness hereby secured shall immediately become due.; payable, and collectible without notice, at
<br />the option of the Beneficiary or assigns, regardless of maturity, and the Beneficiary or assigns may eater Must said
<br />property and collect the rents and profits thereof. Upon such default in payment or performance, and before of
<br />after such entry, the Trustee, acting in the execution of this Trust, shall have the power to sell said
<br />and it shall be the Trustee's duty to sell said property land in case of any default of any purchaser,
<br />to resell) at public auction, to the highest bidder, first giving four weeks' notice of the time, terms, and place of such
<br />sale, by advertisement not less than once during each of said four weeks in a newspaper published or distributed in
<br />the county or political subdivision in which said property is situated, all other notice being hereby waived by the
<br />Grantor land the Beneficiary or any person on behalf of the Beneficiary may bid and purchase at such sale). Such
<br />sale will be held at a suitable place to be selected by the Beneficiary within said county or political subdivision. The
<br />Trustee is hereby authorized to execute and deliver to the purchaser 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 granted depends. and the said Grantor hereby constitutes and appoints the Trustee as his agent and
<br />attorney is fact to make such recitals and to execute said conveyance and hereby covenants and agrees that the rr
<br />citals so made shall be binding and conclusive upon the Grantor, and said conveyance shall he effectual to bar all
<br />equity or right of redemption, homestead, dower, right of appraiiement, and all other rights and exemptions of the
<br />Grantor. all of which are hereby expressly waived and conveyed to the Trustee. In the event of a sale as hereinabove
<br />provided, the Grantor. or any person in possession under the Grantor, shall then become and be tenants holding
<br />over and shall forthwith deliver possession to the purchaser at such sale or be summarily dispossessed, in accordance
<br />with the provisions of law applicable to tenants holding over. The plower and agency hereby granted are coupled
<br />with an interest and are irrevocable Inc death or otherwise, and are granted as cumulative to all other remedies for
<br />the collection of said indebtedness. The Ben.- aiciary or .Assigns may take any other appropriate action pursuant
<br />to stsaft or Federal statute either in state or F -dera1 court or otherwise for the dispusition of the property.
<br />S. In the event of a sale as provided in paragraph 4, the Trustee shall Ire paid a fee by the Ileneficiary in an
<br />araount not in circus of I percent of the gross amount of said sat or sales. prov ided, however, that the
<br />amount of such fee shall be reasonable and shall be. appraised bv the Beneficiary as to reasonalalenem. Said fee
<br />Mall be in addition to the costs and expenses incurred by the Truster in conducling such sale. The amount of such
<br />coats and expenses shall be deducted and paid from the sale's proceeds. It is farther agreed that if �,itl property
<br />all he advertised for sale as herein provided and not sold, the Truster 4hall he retitled it) a rca�(,na hle fea•. in all
<br />semesurat acceptable to fire Beneficiary for the services so rendered. The. Trustrc R,hall also lx rriald/tarse'd by file
<br />Beneficiary for all costs and expenses incurred in connect ioo with the advertising of sai(1 illoperty for sale if the malc
<br />is aw
<br />6. The procredif of any scale of said proprriy in accordance Kitt paragraph 4 shall he applied fiat to pay rnent of
<br />fires, its, and ea of said sill., il'te expenses itwurred by the Ileneficiary for flit- porpose cif protectitrg or main-
<br />ta' g said property and a rea- sonable attorneys' fees; of vmi.11l, it) paylto'nt of lilt-
<br />and thirdly. to pay any surplus ter exca °w4 to Ilse person om' p,+•r�ons leg 431y exit ®sled thcrrto.
<br />d. In the event sa9id prulicriv aP scald pursuant to flit' authorization ('onlainvil an this inatruntent or ai a jitihCtal
<br />roft"r'l ur. -ale and the parocerds are toot suiiicictil to paay Cite 18,143 li /(arlltr(lnR`4p "'(',Ired 1„ fills 1n- froownt slid
<br />evid,rrivrd by said prontiRSt,wY rkaite, tilt Brunk sari Fall lie vnlilled Its a deficivnc4 ,(1(ll.°loctil ful gilt, Amount of the
<br />aleficteoc, "� tvifl,oul rraard Ito Ilse f,ranlor haling wdited aii.l so*igovd .all rir.111. oaf NiPlaR1 6 K'tin t1I to Ow
<br />Trustee,
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