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a deed to the COLLATERAL sold. The BENEFICIARY may purchase said COLLATERAL or any part <br /> thereof at such sale. <br /> The GRANTOR covenants that at the time of the delivery of these presents, it is well seized of <br /> the COLLATERAL in fee simple, and has full power and lawful authority to grant, bargain, sell and <br /> convey the same in the manner and form as aforesaid. The GRANTOR fully waives and releases all <br /> rights and claims it may have in.or to said COLLATERAL as a Homestead Exemption or other <br /> exemption, now or hereafter provided by law. The GRANTOR further covenants that the <br /> COLLATERAL is free and clear of all liens and encumbrances whatever and that the GRANTOR shall <br /> warrant and forever defend the COLLATERAL in the quiet and peaceable possession of the PUBLIC <br /> TRUSTEE, its successors and assigns, against all and every person or persons lawfully claiming or <br /> to claim the whole or any part thereof. <br /> Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and <br /> assessments levied on the COLLATERAL; any and all amounts due on account of the principal and <br /> interest or other sums on any senior encumbrances, if any; and will keep the COLLATERAL insured in <br /> accordance with the requirements of the LOAN CONTRACT. In the event of the sale or transfer of the <br /> COLLATERAL, the BENEFICIARY,at its option, may declare the entire balance of the PROMISSORY <br /> NOTE immediately due and payable. <br /> In case of default in any of said payments of the principal or interest, according to the terms <br /> of said PROMISSORY NOTE or LOAN CONTRACT, by the GRANTOR, its successors or assigns, then <br /> said principal sum hereby secured, and interest thereon, may at once, at the option of the <br /> BENEFICIARY, become due and payable, and the said COLLATERAL be sold in the manner and with <br /> the same effect as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC <br /> TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of said <br /> 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 /> It is further understood and agreed,that if a release or a partial release of this DEED OF <br /> TRUST is required, the GRANTOR, its successors.or assigns will pay the expense thereof,_that all..the <br /> .. <br /> covenants and agreements contained herein and in the PROMISSORY NoTE and LOAN CONTRACT <br /> shall extend to and be binding upon the successors or assigns of the respective parties hereto; and <br /> that the singular number shall include the plural, the plural the singular, and the use of any gender <br /> shall be applicable to all genders. <br /> [THE REST OF THIS PAGE INTENTIALLY LEFT BLANK] <br /> Appendix 5 <br /> Page 2 of 3 <br />