OL
<br />Is sold, transferred or further cumbered wit o O3 O v �
<br />Ben '. _ of s #rotary sty, at its sole option, declare all sums secured byr this Y s
<br />Deed ofTrustto Beneficiary,
<br />beisredlately
<br />due and payable and proceed to the remedies available to St under the default provisions contained
<br />herein.
<br />11. Events of Default. Any of the following events shall be deemed an event of default hereunder:
<br />(a) Trustor shall have failed to make payment of any lnatailmett of interest,
<br />principal or principal and interest or any other sum secured hereby nt o due;.
<br />(b) There has occurred a breach of or default under any term, covenant,
<br />agreement. condition, provision, representation or warranty contacted in this Deed
<br />Of Trust, the note or any other loan instrument secured hereby;
<br />(c) There has been a default by the Trustor in the payment of any prior or
<br />subsequent lion Cr encumbrance in respect to all or any part of the property;
<br />(d) Trustor shall file a voluntary petition in bankruptcy or shall be adjudi-
<br />cated 'bankrupt or insolvent, or shall make an assignment for the benefit of creditors
<br />in respect to the property; or an action to enforce any lien or encumbrance or judg-
<br />ments against the property is commenced.
<br />13. Acceleration Upon Default. In the event of any default, Beneficiary may pa }able without any
<br />declare all indebtedness
<br />secured hereby to be due and payable. and the same shall thereu on become due and
<br />Presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may;
<br />(a) either in person or by agent, with or without bringing any action or pro-
<br />ceeding, or by receiver appointed by a court and without regard to the adequacy of
<br />any security, enter upon and take possession of the property, or any part thereof,
<br />in its awn name or in the name of the Trustee, and do any acts which it deems necessary
<br />and desirable to preserve the value, marketatility or rentability of the property, or
<br />part thereof or interest therein, increase the income therefrom or protect the security
<br />hereof and, without taking possession of the property, sue for or othetvise collect the
<br />rents, issues and profits thereof, including those past due and Unpaid, and apply the
<br />same, less costs and expenses of operation and collection, including attorney fees, upon
<br />any indebtedness secured hereby, all is such order as Beneficlary may determine. The
<br />entering upon and taking possessltm of the. trust estate. the collection of such rents,
<br />issues and profits and application thereof as aforesaid shall not cure or waive any de-
<br />fault or notice of default hereunder or invalidate any act and in response to such de-
<br />fault or pursuant to such notice of default and, notwithstanding tt& continuance in
<br />possesalm of the property or the collection, receiat and application of rents, issues
<br />or profits, Truster or B ®eficiary may be entitled to exercise every right provided for
<br />in any of the loan instruments or by law upon, occurrence of any event of default, in-
<br />cDudinit the. right to exercise the power of sale;
<br />(b) c=n®ence an action to foreclose this Deed of Trust as a mortgage, appoint
<br />a receiver, or specifically enforce any •f the covenants hereof;
<br />fci deliver to Tr Uaree a written declaration of default and demand for sale,
<br />and a written notice of default and election to cause Trustee's interest in the property
<br />to !ere sold, which nut ice Trustee shall cause to be duly filed for record In the official
<br />records of t;ae , ^nistty Ann whleh the property is located.
<br />foreclosure by Power of Sale. Should Benef l::i4ry elect. to foreclose by .axe rcise of the power
<br />of sale herein contained, 9enef ict ar,a shall notify Trustee and s'c•.ell deposit with Trustee this Deed of
<br />and the tuc >tr and such zecefpts and evidence cf expenditures made and .- ecured hereby as Trustee
<br />may require, and upon request. Of the lfetr.flcfary, the Trustee shall file for record, In the Register
<br />of Deeds office in the County where the property is located, a notice of defsult, setting forth the
<br />name of the Trustor, the Boor: and game or Document No. of this Deed of Trust as recorded in said
<br />Register at Deeds a:fflce. the >'egal descriptlon of the above- described real estate and that a breach
<br />of an obiiga`i.m, for which said real estate wax conve:•ed as security, has occurred, and setting forth
<br />ad afterre o. App .,reach and the Trustee `u election ro lell the real estate to satisfy the obligation;
<br />and after tAar 'anti- .+f rat less than one (1) month, the Trustee shall give written notice of the time
<br />and place of sale wrlch may t+e between 9:pti a.m. and 5 p.m. ai the promises, or at the Courthouse in
<br />to* County wheraln such property is located, describing the property to be sold by its legal ouscrip-
<br />t1on, said notice to be published In a newspaper of general circulatlasn in the County legal
<br />such
<br />property is lo"'ed, Once a week for five (_) .Oasec:utive weeks, the last publication to be at least
<br />teen (1.9) dagti, but not: more ;flan thirty (30) day
<br />said property at the s, prier to the sate; and the Trustee shall then sell
<br />e time and place design-ted in the. not.i.ce, 1n the manner provided by raw in effect
<br />at the tlVm of 1111nr meld notice. at public auction to the highest bidder for cash and shall deliver
<br />to such purc}saaer a died to the property sold, consistent with the law in effect at ttae time,
<br />t`poa ret:eipt of tiny. price hide Trusty,- shall he
<br />to the purchase, Trustee's deed conveying the
<br />property said. Recitals in the Trustee's deed 81-11 be prima facie evidence of the truth of the state-
<br />ments made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to 41.1
<br />resaama,ble costs and expenses of the sai.a, including but not limited to. Trustee's fees of not more
<br />them--3---T of the gross sale price, reasonsbye attorney fees and casts of title evidence; (b) to all
<br />sums secured by this Treed of Trust; and (c) the excess, if env, to the person or persons legally an-
<br />titled - hereto' Any person, lAcludlfW Beneficiary, may purchase said property at said sale.
<br />The person Ltmdueting the ssle may. for any cause he or she deem- expedient, postpone the sale from
<br />time to uss until At shall be canup2et'd and, la every such ease. aoclte of poetponasrnt shall he given
<br />by nubile d'clsretlon thereof by such person at the time and place. last appointed far its- hale; pro-
<br />longer If the sale is Postponed for longer than <:+ne (1) day beyond the date designated in the notice of
<br />sate., snmtioe thereof shall be given in the same manner as the orig.inai notice at sale,
<br />14. m1m* Not 1at:l,urlrta. Trustee and Beneficiary. and each af: thsm, shall be entitled to an-
<br />#srce payment amad ie'rformanoe. pf any indebtedness err ab7lRaticxn secured hereby and to exercl04 all tights
<br />and tn4trasa under this Dead of iruat of under any Iona instrument or other aarer� -ut of any law now or
<br />Which AM ored, notwithstanding
<br />other soma teF all. of the indebteduess at1 obafre fens secured Hereby
<br />vrttitb taay -nen. or kerraftgr Ee otherwise ea ure4. whrither b)• mortggage, dyad +>f truss. ecu ed hereby
<br />assign -
<br />Met,mr otberwlse. aelthe; the aeceptaace of this heed of 'Trust not its enforcement, whether lien.
<br />spurt
<br />action at affect TrUt. CO the POWT of sal' oc other powers herein "am" ned, #hall ptejudtee or in any
<br />after ow ky Trustee's or norm fleia *yIt riith t.o realise upon or enforce any other security now or here -
<br />aEtar:hejg by Truster- of Bsrtefltlary, 1t. being agreed unman Trust" and betueffr.iary, and sect+ of town,
<br />t sal "be aa,ir;led to aafezte thin Deed +f TTUst and anp Other seaurity now <,r he r'a#ter held by the aMUr-
<br />flsn:iary or °1!u' -tea in auc.Aa aaxder and m,masarr set glary, c =! either tai ttnem, me in their er hel ere discret.fan
<br />deteetrlme. ate remedy }xerein eonfarred o
<br />alus4se of My ottaer r«aedy Garein or h �w or re't:rwed t® Trustwu or hetwflr: far, is Met to be ax-
<br />WhelS. be i' additle!w t.a evg:.rq ,ape. r pFeavlded ay - permitted. but eae.h shall b*x.• caasn14tive and
<br />muedp given hereunder of nOw o! teereaftvr yxistin�; at taw �,, »r in
<br />egmtit,y try bs at �M nrdr. Tvvey fw xexer at t ,q g'tvap ly wren of raM its" ersafty? ex to Tr emtse of Bunae
<br />f.i.ialg ,'r! 6.Fa m'hi..h afihar , :f Slurs ma.v t,e aatiu<xwAse enrflt.3sad r,rta =:vrrenc9w'
<br />dontl:p. ixe+s tiara to time and as often as sal tµ decaw.i a 4 °e tndapen-.
<br />e.f aNam+ew. tree err }sa,� +vcss #stmnt ra. .,gteau ac44atn;t k�re(s ml ,aileabc� �:uaes rw�� ao hrncf tel4t`Y are,5 elt.'iyr
<br />tram ya.ar lrg a sett; teas `r leasgrsx a t net, r c: v U;ir, eu wel ictsat<
<br />� arse a+ist .. rP e•xtera! r «saf. .era.., izuv 1 ��se r`5u tt .z9
<br />
|