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201103144
<br />1. This conveyance is made upon and subject to the further trust that the said Trustor shall
<br />remain in quiet and peaceable possession of the above granted and described premises and take the
<br />profits thereof to his own use until the default be made in any payment of an installment due on said note
<br />or in the performance of any of the covenants or conditions contained therein or in this Deed of Trust; and,
<br />also to secure the reimbursement of the Beneficiary or any other holder of said note, the Trustee or any
<br />substitute trustee of any and all costs and expenses incurred, including reasonable attomey's fees, on
<br />account of any litigation which may arise with respect to this Trust or with respect to the indebtedness
<br />evidenced by said note, the protection and maintenance of the property hereinabove described or in
<br />obtaining possession of said property after any sale which may be made as hereinafter provided.
<br />2. Upon the full payment of the indebtedness evidenced by said note and the interest
<br />thereon, the payment of all other sums herein provided for, the repayment of all monies advanced or
<br />expended pursuant to said note or this instrument, and upon the payment of all other proper costs,
<br />charges, commissions, and expenses, the above described property shall be released and reconveyed to
<br />and at the cost of the Trustor.
<br />3. Upon default in any of the covenants or conditions of this instrument or of the note or loan
<br />agreement secured hereby. The Beneficiary or his assigns may without notice and without regard to the
<br />adequacy of security for the indebtedness secured, either personally or by attomey or agent without
<br />bringing any action or proceeding, or by a receiver to be appointed by the court, enter upon and take
<br />possession of said properly or any part thereof, and do any acts which Beneficiary deems proper to
<br />protect the security hereof, and either with or without taking possession of said property, collect and
<br />receive the rents, royalties, issues, and profits thereof, including rents accrued and unpaid, and apply the
<br />same, less costs of operation and collection, upon the indebtedness secured by this .Deed of Trust, said
<br />rents, royalties, issues, and profits, being hereby assigned to the Beneficiary as further security for the
<br />payment of such indebtedness. Euercise of rights under this paragraph shall not cure or waive any
<br />default or notice of default hereunder or invalidate any act done pursuant to such notice but shall be
<br />cumulative to any right and remedy to declare a default and to cause notice of default to be recorded as
<br />hereinafter provided, and cumulative to any other right and/or remedy hereunder, or provided by law, and
<br />may be exercised concurrently or independently. Expenses incurred by Beneficiary hereunder including
<br />reasonable attomey's fees shall be secured hereby.
<br />4. The Trustor covenants and agrees that if he shall fail to pay said indebtedness, or any
<br />part thereof, when due, or shall fail to perform any covenant or agreement of this instrument or of the
<br />promissory note secured hereby, the entire indebtedness hereby secured shall immediately become due,
<br />payable, and collectible at the option of the Beneficiary or assigns, regardless of maturity, and the
<br />Beneficiary or assigns may enter upon said property and collect the rents and profits thereof. Upon such
<br />default in payment or pertormance, and before or after such entry, the Trustee, acting in the execution of
<br />this Trust after the notice of default has been recorded, shall mail a copy of the default to each person
<br />who is a party to this instrument, at the address set out in this instrument, as well as to any person who
<br />has requested any notice of default and notice of sale by recording said request for notice with the register
<br />of deeds in the county in which this instrument is recorded, and after the lapse of time which is required by
<br />law after mailing the notice, the Trustee shall have the power to sell said property, and it shall be the
<br />Trustee's duty to sell said property (and in case of any default of any purchaser, to resell) at public auction,
<br />to the highest bidder. First giving five weeks' notice of the time, terms, and place of such sale, by
<br />advertisement not less than once during each of said five weeks in a newspaper published or distributed
<br />in the county or political subdivision in wrhich said property is situated and written notice of sale shall be
<br />mailed to each person who is a party to this instrument at the address set forth herein, (and the
<br />Beneficiary or any person on behalf of the Beneficiary may bid and purchase at such sale). Such sale will
<br />be held at a suitable place to be selected by the Beneficiary within said county or political subdivision.
<br />The Trustee is hereby authorized to execute and deliver to the purchaser at such sale a sufficient
<br />conveyance of said property, which conveyance shall contain recitals as to the happening of default upon
<br />which the execution of the power of sale herein granted depends; and the said Trustor hereby constitutes
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