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��-- 003197
<br />1. This eonveyamao is (wade upon and subject to the further trust that the sm14Trustpr hall remain in quiet
<br />aid peaceable poommelea of the above granted and described premises and take the profits thereof to his own ors until
<br />default be made IN any pymeat of an installment due on said note or in the performance of any of the covenant* or
<br />anwildons contained therein or in this Deed of Trust, and. also to secure the reimbursement of the Beneficiary or env
<br />ether holder of said sotto, the Trustee or any substitute trustee of any and all costs and expense* incurred, including,
<br />reasonable sllorneye fees, en aeeount of any litigation which may arise with respect to this Trutt or with respect to
<br />1hs indebtedmm otvddewsed by *aid note, the protection and maintenance of the property hereinabove described or in
<br />skewing poassssI, of sold property after any sole which may be made as hereinafter provided.
<br />2. Upon do forth pollas tt of the hedeboadomme evidsaeed by said mote end the Interest .thereon. Iba payaalaaN of
<br />an other swats hoaraka pretrided for. the rrpynow of all marries advanced or expended purmant to said saw or this
<br />anstruwreaat. and upon the payment of all other peeper owes. charges, commdssiors, and expenses, the above dssetibed
<br />property shall be /ehtsaod and reeoneyed to sod at the cost of the Trus tor.
<br />1. UPON defask In any of the covenants or conditions of this instrument or of the note or leave sgresmuat saewred
<br />hereby. the eenefielory or liis assigns may without notice and without regard to the adequacy of security for the in•
<br />deblethmess me red. 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 poaarssion of said property or any part thereof, and do any
<br />acts which Beneficiary deems proper to protect the security hereof, and either with or without taking possession of
<br />said property. collect and receive the rents, royalties, asurs, and profile therrof, including rents accrued and unpaid,
<br />and apply the "me Mss costs of operation and collection, upon rile indebtedness secured by this feed of Trust, said
<br />rents. royalties, issues, sad profits, being hereby assigned to Beneficiary sit further security for the payment of such
<br />indebtedness. Exercise of rights under Ohio paragraph shall not cure ur waive any default or notice of default here-
<br />under or invalidate any act done pursuant to such notice MIt shall he emmolalive to any right and remedy to declare a
<br />default and to cause notice of default to be recorded as herrinarter prowled, and cumulative to any other right and/
<br />or remedy hereunder, or provided by low, and may be exerrisrd concurrently or independently. Expenses incurred
<br />by Beneficiary hereunder including reasonable attorneys' fees shall be secured hereby.
<br />4. The Trustp*oneneats and agrees that if he shall fail to pay said indebtedness, or any part thereof. when
<br />due, or shall fail to perform any covenant or agreement of thin instrument or of the promissory note secured hereby,
<br />the retire irtdebleduals hereby secured shell immediately become elite, payable, and collectible at
<br />the option of The Beneficiary or assigns. regardless of maturity, and the Beneficiary or assigns may enter upon said
<br />Property and collect the rents and profile thereof. Upon such default in payment or performance, sad before or
<br />after such entry, the Trustee. acting in the execution of thin Trust,
<br />after the notice of default has
<br />been recorded, shall mail a copy of the default to each person who to a party
<br />to this instrument, at the address set out in this instrument, as well as to any person
<br />who has requested any notice of default and notice of sale by recording said request for
<br />notice with the register of deeds in the county in which this instrument is recorded, and
<br />after the lapse of time which is required by law :after mailing the notice, the Trustee shall
<br />have the pourer to sell said property, and it shall he the Trustee's duty to sell said
<br />property (and in case of any default of any purchaser, to resell) at public auction, to the
<br />highest bidder, first giving five weeks' notire of the time, terms, and place of such sale,
<br />by advertisement not less than once during earh of sold five weeks in a newspaper published
<br />or distributed in the county or political subdivision In which said property is situated,
<br />land the Beaefciary or any person an behalf of the Hrnrficiary nlav hid and purchase at such sae). Such
<br />ale will be held at a suitable place to be selected by the Brneficiary within swill county or politics) subdivision. The
<br />Trustee is hereby authorised to execute and deliver to the pnrrhawr at such sole, a s illieirnt 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 we herein granted depends. and the soief Trustotlrerehv r nlalllulre anal appoints the Trustee as his agent and
<br />eltnrnry in bee to make each recitals and to exerutr amid ronvra once and hei sby covenant@ and Ogres that the re-
<br />ritals me made shall be binding soul conclusive upon lilt Trustor null said conveyance shall be effectual to bar all
<br />equity or right of redemption, homestead. dower, right of appraimment, ands all other rights and exemptions of the
<br />True toe all of whist are herby expressly waived and conveyed to the Trustee. In the event of a sale as heraaoborg
<br />provitled, the Trustoror my person in possession under tht.Trus ter shall then become and be to astls holding
<br />over and shall forthwith deliver possession to the purrhamrr at such sale or be summarily dispossessed, in aceoaionce
<br />with the preydsiom of law appliembie to tenants holding over. The power and agency hereby granted are coupled
<br />with an interest sad are irrevocable by dfeath or otherwise, and are granted a cumulative to all other remedies for
<br />the eolkletion of sold wifebtad'ness. The Beneficiary or Assigns may take any other appropriate action pursuant
<br />to state or Federal astute either is stale or Federsl court or or)herwiar for the disposilidm of the property.
<br />S. In the avant of a ale as provided in paragraph 4, the Truster shall be paid a fee by the Beneficiary In an
<br />amount act in exem of percent of the gross amount of amid sale or sales, provided, however, that the
<br />amount of such fee shall be reesettable and shall he approved by the Hrneficiary as to reasonableness. Said fee
<br />doll be in sddiden to the costs and expenses incurred by the Trustee in conducting $inch sae, The amount of arch
<br />emu and expenses stall be deducted and paid from the male's prorreds. It is further agreed Ihst if said property
<br />shall be eld"Ised for male as herein providrd and not aold. the '►'rualrr shill lw etuilled lit a reasonable tee, in an
<br />&mound areeptoble to the Beneficiary for the menicre so, rrndr rrd. Tire Tr1lslrr .hall elan l,r r6nahurw,l by the
<br />Beneficiary fair all costs end expenses incurred in connect ion wills the- advertr.ing .If .ass property for sole if the Bale
<br />is not consummated.
<br />fi. The pwevwris of any male of said property in accordance with paragraph 4 aha ►1 he applied fine to payment of soot
<br />fern. coma, led ctptwnen of said sole, the emprmwa incurred by the Ile•m•firiars for Ihr purlrnar of prntecling of main-
<br />taining maid property and a reasonable stlortseys' fees; rrrundlt. Its payment of tilt. ItolrlNedneaa secured hvrrbv;
<br />and thirdly, to pay any surplus or excess to the pernom err prrmooa 4•11611v ent111eol tt.rreto.
<br />i. In the event said property is sold punusni to the authoriasteon cnnlsinrd In Il- instrument or so a judicial
<br />(Prerlwmurr sale and the pn,re"fe arc not sufficient to pay the Inlsl iw.lehterinres w,11te,l it, I6U inetrumrol an.l
<br />e-id-pre'! hr Mid pro liasrry note, the H►nrlirian will he rntillyd to a deficiror, po.lmmeot foe Bhp •mount of she
<br />feriwe. v without rrgard it. appra.aemrnr. IT,e r havmoo wanr.l amt 4"1141 -1 all rlmhdx cif elit�rr,aempnt tee the-
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