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<br />I <br /> <br />84- 004268 <br /> <br />r <br /> <br />reqUire Trustee to expend or fisk Its own fundS, or otherwise Incur any financial obltgatJon In the performance of any of its duties <br />hereunder. or In the exerCise of any of Its nghts or powers. If It shall have grounds for believmg that the repayment of such funds <br />or adequate Indemnity against such nsk or flability 1$ not reasonably assured to It: te) Trustee may consult with counsel of its own <br />choosmg and the adVIce of such counsel shaN be full and complete authorization and protection in the respect of any actIon taken <br />or suffered by It hereunder m good faith and m reliance thereon. Id) Trustee shall not be liable tor any action taken by it in good <br />faith and reasonably believed by it to be authoflzed or wlthm the discretion or fights of powers conferred upon it by this Deed of <br />Trust <br /> <br />17. In the event of any default hereunder. under the Note, or under any other security instrument gIven In connection with this <br />transacllon. Trustee shall be entitled, at any time, at Its option, and without regard 10 the value of the secuflty or the solvency or <br />Insolvency of Trustor, to enter upon and take possessIOn of the Trust Property, or any part thereat. and to do and perform such <br />acts as may be necessary or proper to repair, protect and to conserve the value thereof, and to rent or lease the same, or any part <br />ttlereof. upon such rental. ierms and conditions as its Judgment may dictate. and to collect and receive the rents, issues and <br />profits thereof. which said rents. Issues and profits. present and future, are hereby assigned to the Trustee as further security, but <br />which assIgnment Trustee agrees not to enforce so long as no slJch default has (;(;curred. <br /> <br />18. Trustor expressly covenants and agrees to pay and discharge al/ costs, fees and expenses of this Trust, including, in the <br />event of sale by the Trustee of the Trust Property, tha Trustee's costs, expenses and fees, which fees shall not exceed $500,00 <br />oJus '? of 1% of the amount secured hereby and remammg unpaid. <br /> <br />19 If Trustor shalf sell or convey the Trust Property, or any part thereof, or any mterest therein, or shalf be divested of its title, <br />or any Interest therem. In any manner or way, whether voJuntanly or involuntarily, without the written consent of Beneficiary :being <br />IIrst had and obtamed. Beneficiary s!>all have the fight, at its option, to declare any indebtedness or obligations secured hereby, <br />irrespectIve at the maturity ~ate\~ptJclfiet!"'-r:-'a,:r:!lqte ,evi(iBnCing the same, immediately due and pa~ble -without notic.e., and--said <br />debt shall thereupon become aliiBolUt4~'W f~ ownership of the Trust Property, or any part thereof, Decomes vested m aperson <br />other than the Trustor, 8eneifelary ana Trustee may, Without notice to the Trustor, deal with such successor or successors in <br />mterest WIth reference to thIS Deed of Trust and the debt hereby secured as with the Trustor, and may forbear, to sue,of'may ejclfJnd <br />time for payment of the debt hereby secured wlthoUl discharging or In any way affecting the liability of the anginal Trastor' <br />hereunder. or upon the debt secured. <br /> <br />20, Trustor WIt! pay to Trustee and to the BenefiCiary. respectively, upon demand. the a",ounts of all sums of money which-either <br />shall have oald or exoended In cunno anv default of Trustor under thiS De~,-' of Trust. toeether With interest upon each of said <br />amounts. until paid, from the rime of expendlture rh:"!reof. at t.'7~ rate at __ .. (___ o!D per annum. All of said sums' shall be diie, aOO <br />payable. together With Imerest aforesaid, Immediately upon Ine ad,ancem: . thereof, Neither Trustee nor Beneficiary shall be under <br />any obligation. howevec to cure any default of Trustor. <br /> <br />21. In case Trustor shall weil and trulv perform I/s obligations under thiS Deed of Trust. and payor cause to be paid the debte.videnced <br />by the Note and at! other moneys agreed to be paid by It under the terms. provisions and conditions of any other security instrument <br />given In connection With thiS transaction. and alsO /he reasonable expenses of the Trust herem prOVided, then the Trusree,its successors <br />or assigns. shall reconvey to Trustor all of the Trust Property conveyed to Trustee by the Trustor, Any part of the Trust Property may be <br />reconveyed. at any time, to the TruSlor at the request 01 the BenefiCiary Without affectmg the validity and priority of the lien ofthisDeed <br />of Trust upon the remamder of the Trust Property <br /> <br />22. In the event of anyone or more of the provfs1ons conramed In thiS Deed of Trust. or of the Note or any other security instrument <br />gIVen in connection With this transaction shall for any reason be hefd to be mvaltd, ilfegal or unenforceable in any respect. -such <br />'Malldltv, dlegailtv or unenlorceabdlty shali, at the option of BenefiCiary, not affect any other proviSion 01 this Deed of Trust, buUhis <br />Deed of Trust shaJi be construed as If SuCh inva/ld. Illegal Of unenforceable provision had never been contamed herein Of therein-. <br /> <br />23, Whenever used herem. the smgular number shall mciude the plural. the plural the SIngular, the use of any gender shaJJ be applicable <br />to all genders, and the term -'Beneflcla,,," shaJl Include any payee of the Indebtedness hereby secured Or any transferee thereof, <br />whether by operavon of Jaw Of otherwise <br /> <br />iN WITNESS WHEREOF. thIS Deed of Trust has been duly executed the day and year heremabove ftrst written. <br /> <br />;/ <br /> <br />-~.;~,(1'(2;~~/S;-~~-~--_t_- <br />,1.t_ lam J,4 Scheve, Jr. <br /> <br />./ /' <br /><....,i<~t:(/(-( >;',. ~~/~-;'/'<-~ <br />SaTiie-~l. Scheve <br /> <br />SEAL <br /> <br />u <br /> <br />L <br /> <br />L <br /> <br />~ <br /> <br />I <br />l_ <br />