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85-saw 602610
<br />L, This conveyance is made upon and subject to the further trust that the said Grantor shall resnaite in tkdat
<br />and peaceable possession of the above granted slid described premises and take the profits Acted tw%U otit UktilWy
<br />default be made in any payment of an installteiettt due on said note or in the performance of any of t18 coin ti i re
<br />emdkiam contained therein or in this Deed of Trust, and, also to secure the reimbursement otlU beirtillciaty our iiW"
<br />other holder of said note, the Trustee or any substitute trustee of any and all costs and expenses incurred; ltteibdI*`
<br />reasonable attorneys' fees, on account of any litigation which may arise with respect to this Trost or with' k64M 6 °F
<br />:dsst indebs &i ,*vi&med; by eaiti tewtq the ptr ift0attrand rinsfAlWhailce' df ft pw ipity hereinabove described or lot
<br />okoorog pt peswaiow d'arigl ropeetj NtEi Mtr'teldrMil itch ".Hiity be'mtS Ji hereiiiiltez!`pitb`dit $:' atif�dl i ":ic.su ru
<br />z c ,.:. .._ .. ;;.� ,.. t- . t
<br />'. jUpoa tbe.,t4aaTliagin4sL ehtt eNirMjre¢ bl said taoesrtnttl tMs+ftltbtdt�l�'dfe>ltf/Mf�i[
<br />#,other annual fWSM#FM
<br />4n!'trument,aiulnptpttltMpa
<br />4`,= otMnpt, oalthtterinetnmisriortgwtttrb�pb1llliKlid�AbtAlEl1e
<br />property shall 6cransoo ; "- Voeest" IWOW4144
<br />'unit"o! s ft f,j"ib, .•OdiF r 7me.r r �. I n +�e!,�.rt<
<br />"'t Upon ilk Iii i4{ f f hl`mM +a dl.t.tt� r 4• • a
<br />zz, Mina.
<br />instrument or of the note or SVWAWt,si v,
<br />hereby, the Beneficiary or his assigm may without notice and without regard to the adequacy, ofseenrky, far tb *.
<br />debt new 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 thereof, and do any
<br />act& which Beneficiary deems proper to protect the security hereof, and either with or without. taking. posomahm
<br />said property, collect and receive the rents, royalties, issues, and profits thereof, including rents asicru"sad usippid,
<br />and apply the same, less costs of operation and collection, upon the indebtedness secured by this Deed of Trust, said
<br />rents. royalties, issue*, mad profits. being hereby assigned to Beneficiary as further security for tho paytgm t ot male,.
<br />indebtedness. Exercise of rights under this paragraph shall not cure or waive any default or notice of default hem, i,
<br />under or invalidate any act done pursuant to such notice but shall he cumulative to any right and remedy to declare a
<br />default and to cause notice of default to be recorded as hereinafter provided, and cumulative to any other right and/
<br />or remedy hereunder. or provided by law, and may be exercised concurrently or independently. Expenses immov tdH
<br />by Beneficiary hereunder including reasonable attorneys' fees shall be secured hereby.
<br />4. The Grantor covenants and agrees that if he shall fail to pay said indebtedness. or any part thereof, whist
<br />due. or shall fail to perform any covenant or agreement of this instrument or of the promissory note secured hereby.
<br />the entire indebtedness 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 of assigns may enter upon audio
<br />property and collect the rents and profile thereof. Upon such default in payment or performance. and before or
<br />after such entry, the Trustee, acting in the execution of this Trust, shall have the power to sell said property.
<br />and it shall be the Trustee's duty to sell said property (and in case of any default of any pnre4ow.
<br />to resell) at public auction, to the highest bidder, first giving four weeks'.aotice of the time, term*. and place of male
<br />Pale. by advertisement not less than once during each of said four weeks in a newspaper published or distribiMd &,
<br />the county or political subdivision in which said property is situated, all other, notice being hereby waived by the
<br />Grantor ( and the Beneficiary or any person on behalf of the Beneficiary may bid and purchase at such sale). Soell
<br />sole will be held at a mitablo place to be selected by the Beneficiary within said county or political subdividom That
<br />Trustee is hereby authorised 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 ale heroin granted depends: and the said Grantor hereby constitutes and appoints the Trustee u his agent and
<br />attorney in fact to make such recitals and to execute said conveyance and hereby covenants and agrees that do m
<br />citrus so made shalt be binding and conclusive upon the Grantor. and said conveyance shall be ef<eetual to bar all
<br />M"it'or right of 7with ptigtt (:raster. ��o(1vKoillbp t er an shall fortdeliver possession to the purohaser ■t such sae or be summarily disposseasad, in aeeerdaaea
<br />with tltt�ylrpyWjMof, dgplkajtlr ,�dw,tptanys.boldityr-vso.-Tlse powor•and ;w.ney hereby granted are coupled
<br />with an interest and are irrevocable by death or otherwise, and are granted as cumulative to all other ra na les for
<br />the collection of said indebtedness. The Beneficiary or Assigns may take any other appropriate action purs"M
<br />ao state, er Ftlbtra� tttatpte Aithrdt iu tuate en Fatlend, eausrt. or otherwise, for•the 4 bpesitton of the property.
<br />S. In the event of a sale as provided in paragraph 4, the Trustee shall be paid a fee by the 8~11ciary in an
<br />amount not in excess of percent of the gross amount of said sale or Pairs, provided, however, that the
<br />'Nitarttfit *°such fec+'ihall bib i4aPonable and Mhali be approved by the Beneficiary as to reasonableness. Said fee
<br />shall be in addition to the costs and expenses incurred by the Trustee in conducting such sale. The amount of uncap
<br />cam and expenses shall he deducted and paid from the sale's proceeds. it is further agreed that if said property
<br />4611 use advertised for sae so herein provddedl"and not sold. the Trustee shall he entitled to a reasonable fee. in an
<br />amount acceptable to the Beneficiary for the services so rendered. The Truster shall also be reimbarad by the
<br />Beneficiary for all costs and expense* incurred in connection with the advertising of Paid property for ale if tbosaM i
<br />b TM comminttlsl rM.
<br />b. The proceeds of any sae of said property in accordance with paragraph 4 shall be applied first to pays"" of
<br />fec+o. costa, and expdesrrotr by eatd Paul; the expenwo incurred by tl* Beneficiary for the purpose of protecting or retain•
<br />gaining Paid property and a reasonable attornevw fees. secondly. to payment of the indehlednen secured herebyt
<br />sad thirdly, to pay any surplus or excess to the person u4 prrsonP legally entitled thereto. '
<br />7. In the event said property is sold pursuant to the authorisation contained in this Instrument or at a judicial
<br />foreclosare Pak and flee proceeds arw L t F1� �tthe ibtal,110At�dhiea. Pecured hr tiles htslratncut and try'
<br />evidenced by acid promissory note, the ry ti1 4 eddlied to a doOrUncy judgment for the amount of duo
<br />d *ficiencv without regard to appraisement, the Grantor having waived and assigned all righta of approisemmt to the
<br />Trustee.
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