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IN <br />oOI9$ <br />9. Condemnation. If title to any part of the Property shall be taken in condemnation proceedings, by right of <br />eminent domain or similar action, or shall be sold under threat of condemnation, all awards, damages and <br />proceeds are hereby assigned and shall be paid to Beneficiary who shall apply such awards, damages, and <br />proceeds to the sums secured by the Trust Deed, with the excess, if any, paid to the Trustor. <br />10. Future Advances. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to reconveyance of the <br />Property to the Trustor, may make future advances to the Trustor. Such future advances, with interest thereon, <br />shall be secured by this Trust Deed when evidenced by promissory notes stating that 'said notes are secured <br />hereby; provided that at no time shall the secured principal, future advances, not including sums advanced to <br />'hundred <br />protect the security, exceed one percent ( 100 %) of the original principal <br />amounts secured hereby. <br />11. Remedies Cumulative. All remedies provided in this Trust Deed are distinct and cumulative to any other right <br />or remedy under this Trust Deed or afforded by law or equity, and may be exercised concurrently, independently <br />or successively. <br />12. Acceleration; Remedies; Sale. Upon default by Trustor in the payment of any indebtedness secured hereby <br />or in the performance of any agreement hereunder, Beneficiary may declare all sums secured hereby <br />immediately due and payable by delivery to Trustee of written declaration of default. The Trustee shall have the <br />power of sale of the Property and its Beneficiary desires the Property to be sold, it shall deposit with Trustee this <br />Trust Deed and all promissory notes and documents evidencing expenditures secured hereby, and shall deliver <br />to Trustee a written notice of default and election to cause the Property to be sold, and the Trustee in turn shall <br />prepare a similar Notice in the form required by law, which shall be duly filed for record by Trustee. <br />(a) After the lapse of such time as may be required by law following the recordation of said notice of default, <br />and notice of default and notice of sale having been given as required by law, Trustee, - without demand on <br />Trustor, shall sell the Property on the date and at the time and place designated in said notice of sale, at <br />public auction to the highest bidder, the purchase price payable in lawful money of the United States at the <br />time of sale. The person conducting the sale may, for any cause he deems expedient, postpone the sale from <br />time to time until it shall be completed and, in every such case, notice of postponement shall be given by <br />public declaration thereof by such person at the time and place last appointed for the sale; provided, if the <br />sale is postponed for longer than one (1) day beyond the day designated in the notice of sale, notice thereof <br />shall be given in the swine mariner as the original notice of satt!. Trustee shall execute and deliver to the <br />purchaser its Deed conveying (tie Property so sold, but without any covenant or warranty, express, or <br />implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. <br />Any person, including Beneficiary, may purchase at the sale. <br />(b) When Trustee sells purs,rait to the powers herein, the Trustee shall apply the proceeds of the sale to <br />payment of the costs and expenses of exercising the power of sale and of the sale, including the payment of <br />the Trustee's Fees actually true )greet, which Trustee's Fees shall not in the aggregate exceed the following <br />arrlount:; taa5k;d upoii the <tinrau,It secured hereby and remaining unpaid: 5 percenturn on the first $1,000 <br />thereof, .tom perceriturto c)n the t,alaiacte thereof, and then to the iterns in subparagraph (c) in the order, there <br />statue:. <br />(c.) A fter kiayinti4 ttic, +,t ri,:< ,,, (,;;,r: r', :n - -lubpiarrac;r aph (b) if the sale is by Trustee, or the proper court and other <br />costs of fora4,lus we .rill gale_• it loie; s aii, , pWsuiat'tt to 1I_id1Clal foreclosure, the proceeds of sale shall be <br />applied in the order stated to the ,ayrrte:r;t of <br />(i) oust of awl T14"! lrr,,)c;ured ir) c« rinectic)'I vvitfl such sale and of any revenue stamps, <br />� <br />till Al! Burns then seci.irecj herr�t�y': <br />(ni) The remaindor, if any, tc? ilia PWSun legally entitled thEtnvto. <br />13. Duties and Obligations of Trustee. (a) Thci duties; rtni.i oblrc)alluns of Trustae:1 shall be determined solely by the <br />express provisioris of this, Trust Deed sand I tuste'e: shall ncrt lots itoblel except for the performance of such duties <br />and obligation!, as are ype;cificzally _r� t forth herein, and nu implied c;nveraants or obligations shall be imposed <br />upon Trustee: (b) No provision of its ?, ust fit eA(l shall re =quire Trusle;e to expend or risk its own funds. or <br />otherwise Htt;Uf any finCanc;ial In the [)etforfn&)c.c of any of its cl,ties hereunder, or In the exercise of <br />any of its right or powers, it it st-w l tl;ave grociticjs for bt;lievlriit ifl at OT' of such funds car adequate <br />rnderrinity ag alti`.s't su'01 risk of k atiilit r% is that t;r3 rUr'):]t7i +,' tassuied !o I,, f(,) I ; Jstee rn ay consult with counsel of it`i <br />own choos;nq darncf the radvt;:e cif 6a1,:Jl c.ourc,el tibial' to fuil and uow' leste authorization and protection ',11 thus <br />respect of any i -i(Al n taken or f, y It hc;rei.indef In dcc; ,)d faaith jwd re litani;e thereon; (d) Tniste)t= shall not be <br />liable for any action taake n by It Ir Yc,)od faith and rea s.r)n;:ahIv hel;,.,Y'ud try 11 to be authorized or within the <br />disc.re;tion or N(Oltts c)t pc)wc,r >; il- untilrvu;d upon it by This, ? rust (.. eej <br />14. Additional Security Instruments. Trustor, I its uxpt r)sc�, wi!I e xecaiti;n rrrlia deliver to the TruSiee >. prcrrnptty <br />upon dearndnd, such security tit�,iti�rtir n ;. la`s r1) ?a' tae'. te'rjuirf ('-J by itclstep, if) for,T) and substance, itistia `tl)ry tip <br />ee <br />Trust covering any of Irie Ptc-lPtlity coove.�yed t)y this rfivsr Decd, which security in,,trurne,ntrs <,h,atl be <br />addIII011iaf SeCtItIlY for TrustUC!, faithful pt.rfoIIVI arico, of all of the te"Fyl'i, (:oveti;.ants arld conditions of this 1 icist <br />Deed, It prornis spry note'.ss `,eaC;ta(f I tlialeby, eIn ,I "I y other sfx_'.iaritV IIIsIIUri ietits ("Xk.�Litt)(f ill co_)I)nlecII(,) r, VVIIII I h IS <br />transas.,,tr on inch insirsirrler)S,, sti atl tier rucorded (f file=d vii re tt%taldu,d and resfiie; >d, ,:)t 1'rustor' <br />IS. Miscellaneous, <br />(rat It, this u"Vent .rrl'y' (_ )trey f)r ti`t: itl'it >k;(li <br />other wc " -kawy <br />•,i <br />Beneficiary, h ,t f,ifttYe =t ran nil ie )fry)'V fir 3 -it l t 1 <br />Y t i t <br />ia. W Gulf *Wltl he 1 Oh- lft,,sc r)i �. <br />.bail t,1f °;1 . <br />