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200907110
<br />dispose of, or encumber, its interest in
<br />any such lease or any rents, issues or
<br />profits issuing or arising thereunder.
<br />11. Condemnation - If title to any
<br />part of the Property shall be taken in
<br />condemnation proceedings, by right of
<br />eminent domain or similar action, or
<br />shall be sold under threat of
<br />condemnation, all awards, damages and
<br />proceeds are hereby assigned and shall
<br />be paid to Beneficiary, who shall apply
<br />such awards, damages and proceeds to the
<br />sums secured by this Deed of Trust, with
<br />the excess, if any, paid to the Trustor.
<br />Trustor will promptly, and with due
<br />diligence, repair, alter and restore the
<br />remaining part of the Property to its
<br />former condition substantially to the
<br />extent that the same may be feasible and
<br />so as to constitute a complete and
<br />usable unit.
<br />12. Future Advances - upon request of
<br />Trustor, Beneficiary may, at
<br />Beneficiary's option, prior to Trustee's
<br />reconveyance of the Property, make
<br />future advances to the Trustor. Such
<br />future advances, with interest thereon,
<br />shall be secured by this Deed of Trust
<br />when evidenced by promissory notes
<br />stating that said notes are secured
<br />hereby; provided that at no time shall
<br />the secured principal, plus future
<br />advances, not including sums advanced to
<br />protect the security, exceed one hundred
<br />percent (100) of the original principal
<br />amount secured hereby.
<br />13. Remedies Cumulative - A11 remedies
<br />provided in this Deed of Trust are
<br />distinct and cumulative to any other
<br />right or remedy under this Deed of Trust
<br />or afforded by law or equity, and may be
<br />exercised concurrently, independently or
<br />successively.
<br />14. Acceleration; Remedies; Sale -
<br />Upon default by Trustor in the payment
<br />of any indebtedness secured hereby or in
<br />the performance of any agreement
<br />hereunder, Beneficiary may declare all
<br />sums secured hereby immediately due and
<br />payable by delivery to Trustee of a
<br />written declaration of default. Trustee
<br />shall have the power of sale of the
<br />Property and if Beneficiary desires the
<br />Property to be sold, it shall deposit
<br />with Trustee this Deed of Trust and all
<br />promissory notes and documents
<br />evidencing expenditures secured hereby
<br />and shall deliver to Trustee a written
<br />notice of default and election to cause
<br />the Property to be sold, and Trustee, in
<br />turn, shall prepare a notice of default,
<br />in the form required by law, which shall
<br />be duly filed for record by Trustee.
<br />After the lapse of such time as may be
<br />required by law following the
<br />recordation of said notice of default,
<br />and notice of default and notice of sale
<br />having been given as required by law,
<br />Trustee, without demand upon Trustor,
<br />shall sell the Property on the date and
<br />at the time and place designated in said
<br />notice of sale, at public auction to the
<br />highest bidder, the purchase price
<br />payable in lawful money of the United
<br />States at the time of sale. The person
<br />conducting the sale may, for any cause
<br />he or she deems expedient, postpone the
<br />sale from time to time until it shall be
<br />completed, and, in every such case,
<br />notice of postponement shall be given by
<br />public declaration thereof by such
<br />person at the time and place last
<br />appointed for the sale; provided, if the
<br />sale is postponed for longer than one
<br />(1) day beyond the day designated in the
<br />notice of sale, notice thereof shall be
<br />given in the same manner as the original
<br />notice of sale; Trustee shall execute
<br />and deliver to the purchaser a deed
<br />conveying the Property sold, but without
<br />any covenant or warranty, express or
<br />implied. The recitals in the deed of
<br />any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Any
<br />person, including Beneficiary, may
<br />purchase at the sale. When Trustee
<br />sells, pursuant to the powers herein,
<br />Trustee shall apply the proceeds of sale
<br />first to payment of the costs and
<br />expenses of exercising the power of sale
<br />and of the sale, including without
<br />limitation the payment of fees of
<br />Trustee actually incurred, not to
<br />exceed the sum of $500.00, the cost of
<br />any evidence of title procured in
<br />connection with such sale and any
<br />revenue stamps, and then to the
<br />following items in the order stated:
<br />(i) all sums then secured by
<br />this Deed of Trust; and
<br />(ii) the balance, if any, to the
<br />person or persons legally entitled
<br />thereto.
<br />15. Duties and Obli scions of Trustee
<br />- (a) The duties and obligations of
<br />Trustee shall be determined solely by
<br />the express provisions of this Deed of
<br />Trust and Trustee shall not be liable
<br />except for the performance of such
<br />duties and obligations as are
<br />specifically set forth herein, and no
<br />implied covenants or obligations shall
<br />be imposed upon Trustee; (b) no
<br />provision of this Deed of Trust shall
<br />require Trustee to expend or risk his or
<br />her own funds or otherwise incur any
<br />financial obligation in the performance
<br />of any of Trustee's duties hereunder, or
<br />in the exercise of any of Trustee's
<br />rights or powers, if Trustee shall have
<br />grounds for believing that the repayment
<br />of such funds or adequate indemnity
<br />against such risk or liability is not
<br />reasonably assured to Trustee; (c)
<br />Trustee may consult with counsel of his
<br />or her choosing and the advice of such
<br />counsel shall be full and complete
<br />authorization and protection with
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