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2426556 B -1480 P -101 02/14/95 03:45P PG 2 OF 3 <br />TO HAVE AND TO HOLD the same together with all appurtenances, <br />in trust nevertheless, that in case of default in the payment <br />of said note or any part thereof or interest thereon, or in the <br />performance of any covenants hereinafter set forth, then upon <br />the beneficiary (note holder) filing notice of election and <br />demand for sale, said Public Trustee, after advertising notice <br />of said sale weekly, for not less than four weeks, in some <br />newspaper of general circulation in said county, shall sell <br />said property in the manner provided by law in effect at the <br />time of filing said notice and demand, at public auction for <br />cash, at any proper place designated in the notice of sale. <br />Out of the proceeds of said sale said Trustee shall retain or <br />pay first all fees, charges and costs and all moneys advanced <br />for taxes, insurance and assessments, or on any prior <br />encumbrance, with interest thereon, and pay the principal and <br />interest due on said note, rendering the overplus (if any) unto <br />the grantor; and after the expiration of the time of <br />redemption, said Trustee shall execute and deliver to the <br />purchaser a deed to the property sold. The beneficiary may <br />purchase said property or any part thereof at such sale. <br />The grantor covenants that at the time of delivery of <br />these presents, he is seized of said property in fee simple, <br />and that said property is free of encumbrances. Should the <br />beneficiary hereunder be made a party to any action affecting <br />this deed of trust or the title to said property, the grantor <br />agrees that all court costs and a reasonable attorney's fee <br />paid by the beneficiary shall become additional indebtedness <br />due hereunder. <br />It is agreed that in case of default in payment of said <br />principal or interest or a breach of any of the covenants <br />herein, then said principal sum hereby secured and interest <br />thereon may be at the option of the beneficiary become due and <br />payable at once, anything in said note to the contrary <br />notwithstanding and possession of said property will thereupon <br />be delivered to the beneficiary. <br />Whenever used herein the singular number shall include the <br />plural, the plural the singular, and the use of any gender <br />shall be applicable to all genders. All of the covenants <br />herein shall be binding upon the respective heirs, personal <br />representatives, successors and assigns of the parties hereto. <br />Executed the day and year first above written. <br />�,4 <br />