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<br />17 <br />any such payments or procure any such insurance, and all monies so paid with interest thereon <br />at the rate of ten percent (10%) per annum shall be added to and become a part of the <br />indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of <br />the Property if not paid by the GRANTOR. In addition, and at its option, the beneficiary may <br />declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to <br />procure insurance or make any further payments required by this paragraph. In the event of <br />the sale or transfer of the Property, the beneficiary, at its option, may declare the entire balance <br />of the note immediately due and payable. <br /> <br />And that in case of any default, whereby the right of foreclosure occurs hereunder, the <br />PUBliC TRUSTEE, the State as holder of the note, or the holder of a certificate of purchase, shall <br />at once become entitled to the possession, use and enjoyment of the Property aforesaid, and <br />to the rents, issues and profits thereof, from the accruing of such right and during the pendency <br />of foreclosure proceedings and the period of redemption, if any there be, and such possession <br />shall at once be delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the holder <br />of said certificate of purchase on request, and on refusal, the delivery of the Property may be <br />enforced by the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate <br />of purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of <br />said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said <br />Property, and of the rents, issues and profits thereof, after such default, including the time <br />covered by foreclosure proceedings and the period of redemption, if any there be, and shall be <br />entitled thereto as a matter of right without regard to the solvency or insolvency of the GRANTOR <br />or of the then owner of said Property and without regard to the value thereof, and such <br />Receiver may be appointed by any court of competent jurisdiction upon ex parte application <br />and without notice - notice being hereby expressly waived - and all rents, issues and profits, <br />income and revenue therefrom shall be applied by such Receiver to the payment of the <br />indebtedness hereby secured, according to the law and the orders and directions of the court. <br /> <br />And, that in case of default in any of said payments of principal or interest, according to <br />the tenor and effect of said promissory note or any part thereof, or of a breach or violation of <br />any of the covenants or agreements contained herein and in the Contract, by the GRANTOR, its <br />successors or assigns, then and in that case the whole of said principal sum hereby secured, <br />and the interest thereon to the time of the sale, may at once, at the option of the legal holder <br />thereof, become due and payable, and the said Property be sold in the manner and with the <br />same effect as if said indebtedness had matured, and that if foreclosure be made by the <br />PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of <br />said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of <br />foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be <br />taxed by the court as a part of the cost of such foreclosure proceedings. <br /> <br />It is further understood and agreed, that if a release or a partial release of this Deed <br />of Trust is required, the GRANTOR, its successors or assigns will pay the expense thereof; that <br />all the covenants and agreements contained herein and in the Contract shall extend to and be <br />binding upon the successors or assigns of the respective parties hereto; and that the singular <br />number shall include the plural, the plural the singular, and the use of any gender shall be <br />applicable to all genders. <br />