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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 />