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2ooou7s99 <br />may bid and purchase at such sale). Such sale will be held at a suitable place to be selected by the Beneficiary within said county or <br />political subdivision. The Trustee is hereby authorized to execute and deliver to the purchaser at such sale a sufficient conveyance of <br />said property, which conveyance shall contain recitals as to the happening of default upon which the execution of the power of sale <br />herein granted depends; and the said Trustor hereby constitutes and appoints the Trustee as his agent and attorney in fact to make such <br />recitals and to execute said conveyance and hereby covenants and agrees that the recitals so made shall be binding and conclusive <br />upon the Trustor, and said conveyance shall be effectual to bar all equity or right of redemption, homestead, dower, right of <br />appraisement, and all other rights and exemptions of the Trustor all of which are hereby expressly waived and conveyed to the <br />Trustee. In the event of a sale as hereinabove provided, the Trustor or any person in possession under the Trustor, shall then become <br />and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be summarily dispossessed, in <br />accordance with the provisions of law applicable to tenants holding over. The power and agency hereby granted are coupled with an <br />interest and are irrevocable by death or otherwise, and are granted as cumulative to all other remedies for the collection of said <br />indebtedness. The Beneficiary or Assigns may take any other appropriate action pursuant to state of federal statute either in state or <br />federal court or otherwise for the disposition of 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 amount not <br />in excess of one percent of the gross amount of said sale or sales, provided, however, that the amount of such fee shall be reasonable <br />and shall be approved by the Beneficiary as to reasonableness. Said fee shall be in addition to the costs and expenses incurred by the <br />Trustee in conducting such sale. The amount of such costs and. expenses shall be deducted and paid from the sale's proceeds. It is <br />further agreed that if said property shall be advertised for sale as herein provided and not sold, the Trustee shall be entitled to a <br />reasonable fee, in an amount acceptable to the Beneficiary for the services rendered. The Trustee shall also be reimbursed by the <br />Beneficiary for all costs and expenses incurred in connection with the advertising of said property for sale is the sale is not <br />consummated. <br />6. The proceeds of any sale of said property in accordance with paragraph 4 shall be applied first to payments of fees, <br />costs, and expenses of said sale, the expenses incurred by the Beneficiary for the purpose of protecting or maintaining said property <br />and reasonable attorneys' fees; secondly, to payment of the indebtedness secured hereby; and thirdly, to pay any surplus or excess to <br />the person or persons legally entitled thereto. <br />7. In the event said property is sold pursuant to the authorization contained in this instrument or at a judicial <br />foreclosure sale and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by said <br />promissory note, the Beneficiary will be entitled to a deficiency judgment for the amount of the deficiency without regard to <br />appraisement, the Trustor having waived and assigned all rights of appraisement to the Trustee. <br />The Trustor covenants and agrees as follows: <br />a. He will promptly pay the indebtedness evidenced by said promissory note at the times and in the manner therein <br />provided. <br />b. He will pay all taxes, assessments, water rates, and other governmental or municipal charges, fines or impositions, <br />far which provision has not been made hereinbefore, and will promptly deliver the official receipts therefore to the <br />Beneficiary. <br />c. He will pay such expenses and fees as may be incurred in the protection and maintenance of said property, including <br />the fees of any attorney employed by the Beneficiary for the collection of any or all of the indebtedness hereby secured, of <br />such expenses and fees as may be incurred in any foreclosure sale by the Trustee, or court proceedings or in any other <br />litigation or proceeding affecting said property, and attorney's fees reasonably incurred in any other way. <br />d. The rights created by this conveyance shall remain in full force and effect during any postponement or extension of <br />the time of the payment of the indebtedness evidenced by said note or any part thereof secured hereby. <br />e. He will continuously maintain hazard insurance of such type or types and in such amounts as the Beneficiary may <br />from time to time require, on the improvements now or hereafter on said property, and will pay promptly when due any <br />premiums therefore. All insurance shall be carried in companies acceptable to Beneficiary and the policies and renewals <br />thereof shall be held by Beneficiary and have attached thereto loss payable clauses in favor of and in form acceptable to the <br />Beneficiary. In the event of loss, Trustor will give immediate notice in writing to Beneficiary and Beneficiary may make <br />proof of loss if not made promptly by Trustor, and each insurance company concerned is hereby authorized and directed to <br />make parent for such loss directly to Beneficiary instead of to Trustor and Beneficiary jointly, and the insurance proceeds or <br />any part thereof, may be applied by Beneficiary at its option either to the reduction of the indebtedness hereby secured or to <br />the restoration or repair of the property damaged. In the event of a Trustee's sale or other transfer of title to said property in <br />extinguishment of the indebtedness secured hereby, all right, title, and interest of the Trustor in and to any insurance policies <br />then in force shall pass at the option of the Beneficiary to the purchaser or Beneficiary. <br />f. He will keep the said premises in as good order and condition as they are now and will not commit or permit any <br />waste thereof, reasonable wear and tear excepted, and in the event of the failure of the Trustor to keep the buildings on said <br />premises and those to be erected on said premises, or improvements thereon, in good repair, the Beneficiary may make such <br />repairs as in the Beneficiary's discretion it may deem necessary for the proper preservation thereof, and any sums paid for <br />such repairs shall bear interest from the date of payment at the rate specified in the note, shall be due and payable on demand <br />and shall be fully secured by this Deed of Trust. <br />g. He will not without the prior written consent of the Beneficiary voluntarily create or permit to be created against the <br />property subject to this Deed of Trust any liens inferior or superior to the lien of this Deed of Trust and further that he will <br />keep and maintain the same free from the claim of all persons supplying labor ar materials which will enter into the <br />construction of any and all buildings now being erected or to be erected on said premises. <br />h. He will not rent or assign any part of the rent of said property or demolish, remove, or substantially alter any <br />building without the written consent of the Beneficiary. <br />9. In the event the Trustor fails to pay any federal, state or local tax assessment, income tax or other tax lien, charge, <br />fee, or other expense charged to the property hereinabove described, the Beneficiary is hereby authorized to pay the same and any sum <br />so paid by the Beneficiary shall be added to and become a part of the principal amount of the indebtedness evidenced by said <br />promissory note. If the Trustor shall pay and discharge the indebtedness evidenced by said promissory note, and shall pay such sums <br />and shall discharge all. taxes and liens and costs, fees, and expenses of making, enforcing and executing this Deed of Trust, then upon <br />4.doc 2 <br />