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G.~ `ItJ~i7n.~~ <br />1. This conveyance is made upon and subject to the further trust that the raid Grantor shall remain iu quiet <br />and peaceable possession of the above granted and described premises and take the profits thereo(to his own use until <br />default be made io any payment of an installment Jue nn said note ur in the performance of any of the covenants or <br />conditions contained therein or in this Deed of TrusU and, also to secure the reimbursement u[ the Beneficiary or any <br />other holder of said note. the Trustee or any suhstihrte truster of any and all costs sort expenses incurred, including <br />reasonable attorneys' fees, on account of any litigation which mac arise with respect to this Trust or with respect to <br />the indebtedness evidenced b}'said note, the protection and maintenance of the property hereinabove described or in <br />obtaining possession of said property after any axle which may be made ae hereinafter provided. <br />Z. Upon the full payment of the indebtedness evidenced by acid note and the inlereet thereon, the payment of <br />all other sums herein provided for, the repayment of all monies advanced or expended pursuant to said note or this <br />instrument, and upon the payment of all other proper costs, charges, commissions, and expenses, the above described <br />property shall be released and reconveyed to and at the coat of the Grantor. <br />3. Upon default in am• of the covenants or conditions of this instrument or of the note or loan agreement secured <br />hereby, the Benefcian or his assigns cosy without notice and without regard to the adequacy of security For the in- <br />debtednese secured, tither personally or by uttornry or agent witboot bringing any action or proceeding, or by a <br />receiver to br appointed by the court- enter upon and take possession of said }rroperty or any part thereof, and do any <br />acts which Benefirian~ deems proper to protect the srrurih• hereof, and either with or without taking possession of <br />acid property, collect and receive the rents, royalties, issues, unrl profit thereof, including rents accrued and unpaid, <br />^nd apply the same. less coats nF operation and collection, upon the indrhtedneas securer! by this Deed of Trust, said <br />rents, royalties, issues, and profits, bring hereby assigned to Beneficiary as further security for the payment of such <br />indebtedness. Exercise of rights under [his paragraph shall not r•ure or waive any default or notice o[ default here- <br />under ur invalidate any act done pursuant to such notice but shall be cumulative to any right and remedy to declare a <br />default and to cause notice of default to he recorded as hereinafter provided, and cumulative to any other right and! <br />or remedy hereunder, or provided be law- and may he exercised concurrently ur independently. Expenses incurred <br />by Benefician- hereunder including reasonable attorneys' fees shall be secured hereby. <br />4. The Grantor covenants and agrees that if hr shall (ail to pay said indebtedness, or any part thereof, when <br />due, or shall foil to perform anc rocenant or agreement of this instrument or of the promissory note secured hereby, <br />[hr enter:• indebtedness hereby secunvl shall irume+liatrly hrrormr due, }ravable, and collectible without notice, at <br />the option of the Brnefieiurv ur assigns, regardless of nraturitr', and 16e Beneficiary or assigns may enter upon said <br />properh~ and collect the rents and profits thereof. Lpon such default in payment or performance, and before or <br />after such entry, the "Grantee, acting in the execution of this Trust, shall have the power to sell said property, <br />and it shall be the 1'roetee's duty' to cell said property f and iu case of any default of soy ptuchaeer, <br />to resell I at public auction, to the highest bidder, first giving four weeks' notice of the time, terms, and-place of such <br />sale, by advertisement nut less than once during each of said four weeks in a newspaper pu6liahed or Distributed in <br />the county or political subdivisimr in which said property is situated, all other notice being hereby waived bg he <br />!:rantor 1 and the Beneficiary or mrv person ou behalf of the Benrliciury may bid and purchase at such sale}--Such <br />sale will he Geld at a suitable place to be selected by the Benefician~ within said county or political snbdiviaion. The <br />'Crustee is hereby authorised to execute and deliver to the purchaser at such sale a sufficient conveyance of said prop. <br />rrty, which eom~eyance =hall contain recitals as to the happening of default upon which the execution of.the power <br />oC sale herein granter! depends: end the said Grantor hereby constitutes and appoints the Trustee as hie agent and <br />attorney in fact to make such recitals and to execute said conctvance and hereby covenants and agrees that the re- <br />citals so made shall be binding and emu•lusive upon the Grantor, and said conveyance shall be elfectual to bar all <br />equity or right of redemption, homestead, dower, right of appraisement, and all other rights end exemptions of the <br />Grantor, all of which are hereby expressly waived and conveyed to the Trustee. In the event of a sale as heminaboy!e <br />provided, the Grantor, or any person in posseeaion under the Grantor, shall then become and 6e tenants holding <br />over and shall forthwith deliver possession to the purchaser at such sale or be swnmarily dispossessed, in accotdattce <br />with the provisions of law applicable to tenants holding aver. T1re power and agency hereby granted are coupled <br />with an interest and are irrevocable by death or otherwise, and are granted as cumulative to all other remedies for <br />the collection of said indebtedness. "Che Benefir•iarv ur Assigns rosy take nny other appropriate action pursuant <br />to state or Fedr:ral statute Tither iu state nr Federal court or otherwise fur the disposition of the property. <br />5. In the event of a sale as provided in paragraph 4, the Trustee shall be paid a fee by the Beneficiary in an <br />mnount not in excess of penv°nt of the gores amount of said Bale or salon, provided, however, thnt the <br />amomrt of such Eee shall be. reasuuah}e and shall be approved by the Beneficiary as to reasonableness. Said fee <br />,hall be iu addition to the cos.. and ,•xl:ensee incurred by the Tnratee in conducting such sale. "Chc amount of such <br />mats and ex proses shall hr deducted and paid from the wie'n proceeds. It is (utther agreed t}rat if said properiy <br />shall be advertised for~ssle as herein provided and not sold, the Trustee shall he entitled to a reasonable fee, in an <br />amount acceptable to the ReareJician (or the nrvrrices so r,aulerc-d. 'Che •Cnrstec ,.hall also be reimbursed by the <br />Benefcian fur all rusts and rzpen~ra iururred in connect iou with the adcertisiug of said property foe sale if the axle <br />is not cunsummatrd. <br />~. The proceeds of any sale of <aid property in aeeonl uun- wrtlr pa rueraph -1 shall be applied first to paymemt of <br />frt., rosLt, and rapenseas of said sale, the ei.penar•. incurred by flee Benc6ciary for fhr purpose of protecting or nurin- <br />tairxing Said prap••rtx end .: rrrsun:rble aitoorey~ frts: sr rnmdly, #o pay corn} of the irulrb[ednes.. secured hereby; <br />and third! v, to },ay amt -urplus ur excess to 16r pr+'sau ur prr.nm legs llc ,•+uith-d there tu. <br />~. lrc t}:r er rot said }:.^.:}=r rt; is ,nlu# purhua::t ter fhr authuriz>rt:u:e ,.:n t:,itu•:1 ::r ih:s u:st rnnrrnt or at a judicial <br />forrclunure ,ale and fhr }lrocrrdo are not suffreieu# ttr pap ihr total iudelrtednrs~ ~reurrd i+x [Erie instruntrnt and <br />rx ideur+-,1 by ..aid },rnuxi,r»un note, the I3enelieiarc will he ,•utidad t:r a de~€iGieterr ja.3 ~:mont fur fhr anwunt of fhr <br />drtirsruor wuh<n:t r.•y.ari 7., ,rppraiwrmm~t, fhr Gramtur hen beg w.u+r.} and aaargnrd ail rights of appraisrmeut to th.• <br />Truntes. <br />