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L <br />85- 003821 <br />actually incurred, which Trustee's fees shall not <br />in the aggregate exceed the following amounts based <br />upon the amount secured hereby and remaining unpaid: <br />Three (3) per centum on the first $10,000 thereof, <br />One and five tenths (1.5) per centum on the balance <br />thereof.; and then to the items in subparagraph (3) <br />in the order there stated. <br />(3) After paying the items specified in subparagraph (2) <br />if the sale is by Trustee, or the proper court and <br />other costs of foreclosure and sale if sale is pur- <br />suant to judicial foreclosure, the proceeds of sale <br />shall be applied in the order stated to the payment <br />of: <br />(a) Cost of any evidence of title procured in <br />connection with such sale and of any tax on <br />the conveyance; <br />(b) All sums then secured hereby; <br />(c) All expenses of upkeep, maintenance, and <br />utilities incurred in connection with such <br />sale; <br />(d) The remainder, if any, to the person or persons <br />legally entitled thereto. <br />D. Upon the occurrence of any default hereunder, Beneficiaries shall <br />have the option to foreclose this Trust Deed in the manner pro- <br />vided by law for the foreclosure of mortgages on real property. <br />E. Beneficiaries may from time to time substitute a successor or <br />successors to any Trustee named herein or acting hereunder. <br />Upon such appointment, and without conveyance to the successor <br />Trustee, the latter shall be vested with all title, powers, and <br />duties conferred upon any Trustee herein named or acting hereunder. <br />Each such appointment and substitution shall be made by written <br />instrument and executed by Beneficiaries, containing reference <br />to this Trust Deed and its place of record, which, when recorded <br />in the office of the Register of Deeds of the county or counties <br />in which said property is situated, shali be conclusive proof <br />of proper appointment of the successor Trustee. The foregoing <br />power of substitution and the procedure shall not be exclusive <br />of the power and procedure provided for by law for the substi- <br />tution of a Trustee in the place of the Trustee named herein. <br />F. Trustor covenants and agrees that upon any conveyance, assign- <br />ment or transfer of his interest in the premises during the term <br />of the loan secured hereby, the Beneficiaries shall have the <br />option of declaring the unpaid balance immediately due and <br />payable, and if said sum remains unpaid for ten (10) days there- <br />after, Beneficiaries can cause Notice of Default to be given <br />and the premises to be sold as provided herein. <br />G. As additional and collateral security for the loan and <br />effective forthwith upon filing of a Notice of Default, this <br />instrument shall serve as an assignment by the Trustors to <br />the Trustee of all rents and revenues resulting from the <br />property, and Trustee is authorized to take possession of the <br />property, rent or lease the same on terms he deems best and to <br />collect the rents and revenues and apply the same upon unpait' <br />Interest, principal taxes or insurance premiums or for maintenance <br />and preservation of the premises. <br />N. The waiver by Trustee or Beneficiaries of any default of 1'rustors <br />under this Trust Deed shall not be or be deemed to lie a waiver <br />of airy other or 41 milar defaults subsequently occurring. <br />1. rrhe desiRnat fon "'IYua;h,r ;' ',ierein shall extend to and ripply <br />to the under,41goed, 41nwilar or plural, and the covenants <br />and agrevWents of the Trusitorrl herein shall he hfnding, upoll <br />M <br />