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t <br />r <br />r <br />55=- 000407 <br />Beneficiary or the legal holder of said promissory note on <br />account of the indebtedness evidenced thereby. <br />(e) Whenever used herein, the singular number shall include <br />the plural, the plural, the singular, the use of any <br />gender shall be applicable to all genders, and the term <br />"Beneficiary" shall include any payee of the indebtedness <br />hereby secured or any transfer thereof, whether by <br />operation of law or otherwise. <br />20. Successor Trustee. Beneficiary may from time to time <br />substitute a successor or successors to any Trustee named <br />herein, or acting hereunder to execute this Trust Deed. Upon <br />such appointment and without conveyance to the successor Trus- <br />tee, the latter shall be vested with all title, powers, and <br />duties conferred upon any Trustee herein named or acting here- <br />under. Each such appointment and substitution shall be made by <br />written instrument by Beneficiary, containing reference to this <br />Trust Deed and its place of record, which when recorded in the <br />office of the Register of Deeds of the county or counties in <br />which said property is situated shall be conclusive proof of <br />proper appointment of the successor Trustee. The foregoing <br />power of substitution and the procedure therefore shall not be <br />exclusive of the power and procedure provided for by law for <br />the substitution of a Trustee or Trustees in the place of the <br />Trustee. <br />21. Forebearance by Beneficiary or Trustee Not a Waiver. Any <br />forebearance by Beneficiary or Trustee in exercising any right <br />or remedy hereunder, or otherwise afforded by applicable law, <br />shall not be a waiver of or preclude the exercise of any right <br />or remedy hereunder. Likewise, the waiver by Beneficiary or <br />Trustee of any default of Trustor under this Trust Deed shall <br />not be deemed to be a waiver of any other or similar defaults <br />subsequently occurring. <br />22. Trustor Not Released. Extension of the time for payment <br />or modi ication or amortization of the sums secured by this <br />Trust Deed granted by Beneficiary to any successor in interest <br />of Trustor shall not operate to release, in any manner, the <br />liability of the original Trustor or Trustor's successor in <br />interest. Beneficiary shall not be required to commence pro- <br />ceedings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by <br />this Trust Deed by reason of any demand made by the original <br />Trustor and Trustor's successors in interest. <br />23. Default. If there shall be a default under this Deed of <br />Trust or under any prior mortgage:, the Beneficiary may cure <br />such default:, and they amounts .advanced by, and other costs .:and <br />expenses of the beneficiary in curing such default, with <br />interest at the default. rate contained in the Note secured <br />hereby from the time of the advances or payments shall be added <br />to the indebtednes.s secured by this Trust Deed and may be <br />collected hereunder ,at. rally time after the time of such advances <br />or payments and !;hall be deemed to be secured here=by. <br />24. 9lst.ion_10 Foreclose. Upon the occurrence of any default <br />hereunder, 13tincficiaty shall have, they option to toreclost- this <br />Trust. Deed in the manner provided by law for the fol— eclorsure of <br />mortgages on real property. <br />25. Trustor liigh t Absent Dc fault. Until ally default in <br />the payment of andebt edne ss hereby secured or iattt i I Ilic breach <br />of any covenant herein contained, the Tr'u:. ;tor, its successors <br />and assigns, ! ;hall poisess and enjoy the property, .itid ret'vive <br />the rent.. <; ind 1,rnf it ss therefrom, lthon payment of "11.1 :,ums <br />^- securd by ttu:> fru�;t Decd, Bcenel ici.ary :11,411 recltaef,t fruo- ;too. <br />to reconve =y the property and shall :iurrendcr this; "frta:;t Deed <br />and all aaot c >,, ,vi denc i ng, i ndcrht ednert!; ;e cure(I l,y h i l'a last <br />0 e•ed lo Tr u,:t cc• . I'rust ee :;Ha l 1 1•ete!1nVey t 1i ,rc,l,t,i t N• tai i I iii <br />warrant,.' and w I hoeat h.:ir -11 t c, t he peat ;nns: l c 1, "I 1 1 to a t l ed <br />lac e t cr, I he r and c e n .tn1' � ' .,nVI-N,.Iei iu.i1' <br />