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200500040 <br />E. In the event the TRUSTOR fails or neglects to pay taxes and procure <br />casualty insurance, all as above set forth, then BENEFICIARY may pay such <br />taxes and procure such insurance, and all sums expended and advanced by <br />BENEFICIARY and TRUSTEE in accordance with the provisions contained herein <br />are secured hereby and, without demand, shall be immediately due and <br />payable by the TRUSTOR and shall bear interest at the rate of Nine and <br />One -Half percent (9.5%) per annum until paid; provided however, that at <br />the option of the BENEFICIARY and TRUSTEE, such advancements for payment <br />of taxes and insurance may be added to the principal balance of any <br />indebtedness secured hereby and shall bear interest at the rate of Nine <br />and One -Half percent (9.5W) per annum until paid. <br />TRUSTOR covenants and agrees that a failure to make any payment, either <br />principal or interest, on the Note secured hereby when due and payable, or a <br />failure to comply with any of the covenants and agreements herein made shall <br />cause the whole sum of money hereby secured to become immediately due and <br />collectible at the option of the BENEFICIARY, and BENEFICIARY shall have the <br />right to cause Notice of Default to be given and the premises to be sold as <br />provided herein. <br />The parties mutually agree as follows: <br />A. At any time and from time to time upon written request of BENEFICIARY, <br />payment of fees and presentation of this Deed of Trust and the Note for <br />endorsement (in case of full reconveyance, for cancellation and <br />retention), without affecting the liability of any person for the payment <br />of the indebtedness, TRUSTEE may (a) consent to the making of any map or <br />plat of said property; (b) join in granting any easement or creating any <br />restriction thereon; (c) join in any subordination or other agreement <br />affecting this Deed of Trust or the lien or charge thereof; (d) reconvey <br />this Deed of Trust or the lien or charge thereof; (d) reconvey, without <br />warranty, all or any part of said property upon request of BENEFICIARY. <br />B. The grantee in any Deed of Reconveyance may be described as "the person or <br />persons entitled thereto ", and the recitals therein of any matters or <br />facts shall be conclusive proof of the truthfulness thereof. Reconveyance <br />shall operate as a reassignment of rents and profits assigned to TRUSTEE. <br />C. Upon default by TRUSTOR in the payment of indebtedness secured hereby or <br />in the performance of any agreement hereunder, BENEFICIARY may accelerate <br />payment and declare all sums secured hereby immediately due and payable by <br />delivery to TRUSTEE of written declaration of default. If BENEFICIARY <br />desires said property to be sold, it shall deposit with TRUSTEE this Deed <br />of Trust and all promissory notes and documents evidencing expenditures <br />secured hereby, and shall deliver to TRUSTEE a written Notice of Default <br />and election to cause said property to be sold in the form required by <br />law, which shall be duly filed for record by TRUSTEE. <br />(1) After the lapse of such time as may be required by law (presently <br />being one (1) month following the recordation of said Notice of <br />Default), Notice of Default and Notice of Sale having been given as <br />required by law, TRUSTEE, without demand on TRUSTOR, shall sell said <br />property on the date and at the time and place designated in said <br />Notice of Sale, at public auction to the highest bidder, the <br />purchase price payable in lawful money of the United States at the <br />time of sale. The person conducting the sale may, for any cause he <br />deems expedient, postpone the sale from time to time until it shall <br />be completed and in every such case, notice of pos;:ponement shall be <br />given by public declaration thereof by such person at the time and <br />place last appointed for the sale; provided, if the sale is <br />postponed for longer than one (1) day beyond the day designated in <br />the Notice of Sale, notice thereof shall be given in the same manner <br />as the original Notice of Sale. TRUSTEE shall execute and deliver <br />to the purchaser his Deed conveying said property so sold, but <br />without any covenant or warranty, express or implied. The recitals <br />in the Deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including BENEFICIARY, may <br />purchase at the sale. TRUSTOR hereby covenants to warrant and <br />defend the title of the above property to the purchaser at sale. <br />D. When the TRUSTEE sells the trust property pursuant to the powers granted <br />herein, the TRUSTEE shall apply the proceeds from the sale of such <br />property in the following order of priority: <br />(1) To the cost and expense of exercising the power of sale and of the <br />sale, including attorney fees, evidence of title and other sale <br />expenses, and a trustee's fee not to exceed two percent (2 %) of the <br />gross sale price; <br />(2) To the payment of the obligation secured by this Deed of Trust and <br />Trust Deed Note; <br />-2- <br />