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<br />above bargained Property in the quiet and peaceable possession of the PUBLIC TRUSTEE, its heirs and assigns. against all and <br />every person or persons lawfully claiming or to claim the whole or any part thereof, the GRANTOR shall and will Warrant and <br />Forever Defend. <br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the <br />Property; any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any; <br />and will keep the Property insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure <br />the Property in accordance with the Contract or to pay taxes or assessments as the same fall due, or to pay any amounts <br />payable upon senior encumbrances, if any, the beneficiary may make any such payments or procure any such insurance, and <br />all monies so paid with interest thereon at the rate of ten percent (10%) per annum shall be added to and become a part of <br />the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of the Property if not paid <br />by the GRANTOR. In addition, and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed <br />of Trustto-,be.in..default.for.fa.ilur~..~<:!..F.!rocure insurance or make any further payments required by this paragraph. <br />.: : :.~). ' -.., <br />And tlJit'.IIi:'caSi4'iJif.a&vJt, w~erebY the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the State as <br />holder of the note, or the holder 01 a cbrtificate of purchase, shall at once become entitled to the possession, use and <br />enjoyment of the Propert.'i ,\~said', .andito the rents,. issues and profits thereof, from the accruing of such right and dUring,,,. <br />the pendency of"foreclosunr15l'Oceedmg~ and the penod of redemption, If any there be, and such possession shall at ~ce . <br />be delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase on retia-est <br />and on refusal, the delivery of the.Prope\-{y may be enforced by the PuBLIC TRUSTEE, the State as holder of the note, 'orthe <br />holder of said certificate of purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said <br />note or certificate of purchase, or any-thereof, shall be entitled to a Receiver for said Property. and of the rents..isSU9S and <br />profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any <br />there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the GRANTOR or <br />of the then owner of said Property and without regard to the value thereof, and such Receiver may be appointed by any court <br />of competent jurisdiction upon ex parte application aiHfv~ithout notice. notice being hereby expressly waived. and all rents, <br />issues and profits, income and revenue therefron, :;~.a:1 ,be applied by such Receiver to the payment of the indebtedness <br />~erebY secured, according to the law and the ord~rs "an~ directions of the court. <br /> <br />AJfd. that in case of default in any of said ~~y:n~~ts of principal or interest, according to the tenor and effect of said <br />:promissory note or any part thereof, or of a breac:"o, villlation of any of the covenants or agreements contained herein and <br />iin the Contract, by the GRANTOR, its personal repr~sentat<ves or assigns, then and in that case the whole of said principal sum <br />jhereby secured, and the interest thereon to the.t.ni" Qf the sale, may at once, at the option of the legal holder thereof. <br />,become due and payable, and the said Property lYa solll in the manner and with the same effect as if said indebtedness had <br />matured, and that if foreclosure be made by the PU~Ljc. "rRUSTEE, an attorney's fee in a reasonable amount for services in the <br />supervision of said foreclosure proceedings shafi,l;e allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and <br />'if foreclosure be made through the courts a reasen..il>1I"Jlttorney's fee shall be taxed by the court as a part of the cost of such <br />~foreclosure proceedings. . eo , <br />, . . <br />I ~ . e - . <br />I It Is further rmdtrstood mulllJ/Tad. that if a relepse of this Deed of Trust is required, the GRANTOR, its heirs or assigns <br />will pay the expense thereof; that alf the covenaet!' i'Qa agreements contained herein and in the Contract shall extend to and <br />be binding upon the heirs or assigns of the respective parties hereto; and that the singular number shall include the plural, <br />'the plural the singular, and the use of any gender shall be applicable to all genders. <br />I . <br />, <br />, <br />I Executed the day and date first written above. <br /> <br />'" <br /> <br />~ <br />o <br /> <br />'" <br /> <br />~ <br />0.. <br />...: <br />o <br />'" <br />o <br />.... <br /> <br />co <br />(1) <br />..... <br />t- <br />o <br />..... <br />co <br />o <br /> <br />'" <br />'" <br />.... <br />I <br />0.. <br /> <br />co <br />'" <br />'" <br />I <br />al <br /> <br />.... <br />'" <br />(1) <br />t- <br />'" <br />'" <br /> <br />P3#J .J, ~--r/ <br />Billy S. H ward <br /> <br />\ ~ tin ~ .rN,0< (:OJI <br />Brenda G. Howard <br /> <br />:State of (]O/D(2,Q!/C } <br /> <br />'county of 1iD .!J.anc.IJ 55 <br /> <br />. ~ <br />The foregoing instrument was acknowledged before me this ~ day of February 1996, by Billy S. Howard and Brenda <br />G. Howard. Witness my hand and official seal. <br /> <br />My commission expires <br /> <br /> <br /> <br />1% 1'19,1 <br /> <br />~ut /~{,~) <br /> <br />'&S6;L <br />~ Cot. g/~</I <br />