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. � � � <br /> 9�-- 1t;33t�2 <br /> i. This conveyance is made upon and subject to the further trust that the said Trustor shall remain in quiet and <br /> peaceable possession of the above granted and described premises and take the profits thereof to his own use until default <br /> be made in any payment of an installment due on said note or in the performance of any of the covenants or conditions <br /> contained therein or in this Deed of Trust; and, also to secure the reimbursement of the Beneficiary or any other holder of <br /> said note, the Trustee or any substitute trustee of any and all costs and expenses incurred, including reasonable attorney's <br /> fees, on account of any litigation which may arise with respect to this Trust or with respect to the indebtedness evidenced <br /> by said note, the protection and maintenance of the property hereinabove described or in obtaining possession of said <br /> 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 thereon, the payment of all <br /> other sums herein provided for,the repayment of all monies advanced or expended pursuant to said note or this instrument, <br /> and upon the payment of all other proper costs, charges, commissions, and expenses, the above described property shall be <br /> released and reconveyed to 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 toan agreement secured <br /> hereby, the Beneficiary or his assigns may without notice and without regard to the adequacy of security for the <br /> indebtedness secured, either personally or by attorney or agent without bringing any action or proceeding, or by a receiver <br /> to be appointed by tlie court, enter upon and take possession of said property or any part thereof, and do any acts wliicl� <br /> Beneficiary deems proper to protect the security hereof, and either with or without taking possession of said property, <br /> collect and receive the rents, royalties, issues, and profits thereof, including rents accrued and unpaid, and apply tl�e same, <br /> less costs of operation and collection, upon the indebtedness secured by tliis Deed of Trust, said rents, royalties, issues, and <br /> profits, being hereby assigned to the Beneficiary as further security for the payment of such indebtedness. Exercise of <br /> rights under this paragraph shall not cure or waive any default or notice of default hereunder or invalidate any act done <br /> pursuant to such notice but shall be cumulative to any right and remedy to declare a default and to cause notice of default to <br /> be recorded as hereinafter provided, and cumulative to any otlier right and/or remedy hereunder, or provided by law, and <br /> may be eaercised concurrently or independently. Expenses incurred by Beneficiary hereunder including reasonable <br /> attorney's fees shall be secured hereby. <br /> 4. The Trustor covenants and agrees that if he shall fail to pay said indebtedness, or any part thereof, when due, <br /> or shall fail to perform any covenant or agreement of this instrument or of the promissory note secured hereby, the entire <br /> indebtedness hereby secured shall immediately become due, payable, and collectible at tl�e option of the Beneficiary or <br /> assigns, regardless of maturity, and the Beneficiary or assigns may enter upon said property and collect the rents and <br /> profits thereof. Upon such default in payment or performance, and before or after sucli entry,the Trustee, acting in the <br /> execution of this Trust, after the notice of default has been recorded, shall mail a copy of the default to each person who is a <br /> party to this instrument, at the address set out in this instrument, as well as to any person �vho llas requested any notice of <br /> default and notice of sale by recording said request for notice with the register of deeds in the county in which this <br /> instrument is recorded, and after the lapse of time which is required by law after mailing the notice, the Trustee shall have <br /> the power to sell said property, and it shall be the Trustee's duty to sell said property (and in case of any default of any <br /> purchaser, to resell) at public auction, to the highest bidder, first giving five weeks' notice of the time, terms, and place of <br /> such sale,by advertisement not less than once during each of said five weeks in a newspaper published or distributed in the <br /> county or political subdivision in which said property is situated, and written notice of sale shall be mailed to each person <br /> who is a party to this instrument at the address set forth herein,(and the Beneficiary or any person on behalf of the <br /> Beneficiary may bid and purcliase at such sale). Such sale will be held at a suitable place to be selected by the Beneficiary <br /> within said counry or political subdivision. The Trustee is hereby authorized to execute and deliver to the purchaser at such <br /> sale a sufficient conveyance of said property, which conveyance shall contain recitals as to the liappening of default upon <br /> which the execution of the power of sale herein granted depends; and the said Trustor hereby constitutes and appoints the <br /> Trustee as his agent and attorney in fact to make such recitals and to execute said conveyance and hereby covenants and <br /> agrees that the recitals so made siiall be binding and conclusive upon the Trustor, and said conveyance shall be effectual to <br /> bar all equity or right of redemption, homestead, dower, right of appraisement, and all other rights and exemptions of the <br /> Trustor all of which are hereby expressly waived and conveyed to the Trustee. In the event of a sale as hereinabove <br /> provided, the Trustor or any person in possession under the Trustor, shall then become and be tenants holding over and <br /> shall forthwith deliver possession to the purchaser at such sale or be summarily dispossessed, in accordance with the <br /> provisions of law applicable to tenants holding over. The power and agency hereby granted are coupled with an interest <br /> and are inevocable by death or otherwise, and are granted as cumulative to all other remedies for collection of said <br /> indebtedness. The Beneficiary or Assigns may take any other appropriate action pursuant to state or Federal statute eitl�er <br /> in state or Federal court or otherwise for the disposition of the property. <br /> S. In the event of a sale as provided in paragraph 4, the Trustee shall be paid a fee by the Beneficiary in an <br /> amount not in access of — �� percent of the gross amount of said sale or sales, provided, however, that the amount <br /> of such fee shall be reasonable and shall be approved by the Beneficiary as to reasonableness. Said fee shall be in addition <br /> to the costs and expenses incurred by the Trustee in conducting such sale. The amount of such costs and expenses shall be <br /> deducted and paid from the sale's proceeds. It is further agreed that if said property shall be advertised for sale as herein <br />