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�201008975
<br />subdivisidn. The Trustee is hereby authorized to cxccutB and deliver to thc purchaser at such sale a sufficient conveyance of said
<br />property, which conveyance shall cantain recitals as to the happening of default.upon which the execution of the power of sale herein
<br />granted depends; and the said Trustor hereby constitutas 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 sha11 be binding and conclusive
<br />upon the Trustor, and said conveyance shall be cffectual to bar all equity or right of redemptipn, homestead, dower, right of
<br />appraisement, and all other rights and exemptions of thc TrusWr all nf which arc hereby expressly waived and convcyed to the
<br />Trustee. In the event of a sale as here:inabvve provided, the Trustor or any persan in possession under the Trustor, shall thsn become
<br />and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be summarily dispossessed, in
<br />ac�ordance with the provisions of law applicable w tcnants holding over. The pnwer and agency hereby granted arc coupled with an
<br />interest and are irrevocable by death or otherwise, and are granted as cumulative to all other remedies for the coltection af said
<br />indebtedness. The Bcneficiary or Assigns may take any other apprapriate action pursuant to state of federal statute either in state or
<br />federal court ar atherwise for the disposition of pmperty.
<br />5. In thc evcnt of a sale as pravided 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 goss amount of said sale ar sales, pravided, however, that the amount of such fee shall be reasonable
<br />and shall be approvad by the Beneficiary as to reasonableness. Said fae shall be in addition to the costs aud exp�nses incurred by the
<br />Trustee in conducting such sale. T'he amount af such costs and expenses sha�l be deducted and paid from the sale's proceeds. It is
<br />further agreed that if said properiy shall be advertised for sale as herein pravided 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 casts 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 prnperty in acoordance with paragraph � 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 secwred hereby; and thirdly, ta pay any swplus or excess to
<br />the person ar persons legally cntitled thereto. •
<br />7, In thB even.t said praperty is sold pursuant to the authorization contained in this instniment ar at a judicial
<br />foreclosure sale and the proceeds arc not sufficient to pay the total indebtedness secured by this instrument and evidenced by said
<br />promissory note, thc Benc�iciary will be entitled ta a daficiency 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 />8. 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 tberein
<br />provided.
<br />b. He will pay all taxes, assessments, water rates, and other gavemmental or municipal charges, fines or impositians,
<br />for which provision has not been made hereinbefore, and will promptly deliver the official receipts therefore ta the
<br />Benaficiary.
<br />c. He will pay such e�enses and fees as may bo incurred in the protection and maintenance of said property, including
<br />the fees of any attorney employed by the Seneficiary for the collection of any or all of the indebtedness hereby sccured, of
<br />such expenses and fees as may be incurred in any foreclasure sale by the Trustee, or cnurt praceedings or in any other
<br />litigation or proceeding affecting said property, and attorney's fees reasonably incwred in any other way.
<br />d. The rights created by this conveyancc 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 theraof secured hereby.
<br />e. He will continuously maintain ha�'d insw�ance of such type ar typcs and in such amounts as the Sene�ciary may
<br />from rime to time requirc, an the improvements now or hereafter on said property, and will pay promptly when due any
<br />premiums thereforc. All insurance shall be carried in companies acceptahle to Beneficiary and the policies and renewals
<br />thereof shall be held by Beneficiary and have attached thcreta loss payable clauscs in favar of and in form acceptable to the
<br />Bene�iciary. In the event of loss, Trrustor wi11 give imimediate notice in writing to Beneficiary and Seneficiary may make
<br />proof of loss if not made promptly by Trustor, and each insurance conc�pany concerned is hereby authorized and directed ta
<br />rn�ake parent for such loss directly w Heneficiary instead of to Trustar and Seneficiary jnintly, and the insurance proceeds or
<br />any part thereof, may be applied by BeneSciary at its option either to the reduction of the indebtedness hereby secured or to
<br />the restoration or repair of the property damaged. Tn the event of a Trustee's s�le or other transfer of title to said properiy in
<br />extinguishment of the indebtedn�ss secured hereby, all right, title, and interest of the 7Yustar in and to any insurance palicies
<br />then in farce shall pass at the �ption of the Beneficiary to the purchaaer or Beneficiary.
<br />f. Ha will keep the said prenaises in as good order and candition as they are now and will not commit or permit any
<br />waste thereo� reasonable wear and tcar 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 theroon, in good repair, tlte Seneficiary may make such
<br />rBpairs as in the Bene�ciary's discretion it may deem necessary far the praper preservation th�reof, and any sums paid for
<br />sueh repairs shall bear interest from the date of payment at the rate apecified in the note, shall be dua and payable on demand
<br />and shall be fully secured by this Deed of Trust. �
<br />g. He wi11 not without th� prior written consent of the Beneficiary voluntarily create or pernnit to be created against the
<br />properiy subject to this Deed of Trust any liens inferior or auperior to the lien of this Deed of Trust and further that he will
<br />keep and maintain the same free firom the claim of all persons supplying labor or materials which will enter into the
<br />construction of any and all buildings now being erected pr tp 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 writtcn consent of the Beneficiary.
<br />9. In the event the Trustor fails to pay any federal, state or local tax assessrnent, income tax or othar ta�c lien, charge,
<br />fec, or othar expense charged to the property hereinabove descr'rbed, the Beneficiary is hereby suthvri�ed to pay the same and any sum
<br />so paid by the Beneficiary shall be added to and becorne a part of the principal amount of the indebtedness evidenced by said
<br />promissory note. If the Txustor sha11 pay and discharge the indebtedness evi�nced by said promissory notc, and shall pay such sums
<br />and shall discharge all taxes and liens �nd costs, fees, and expenses of making, enforcing and executing this Daed of Trust, then upon
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