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2314©040] PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt and every covenant and condition set forth herein and in the Note shall have been satisfied, this conveyance shall be released and cancelled of record. 5. The following subsections are added to paragraph 25 of this Security Instrument: (g) Upon and during the continuance of an Event of Default, Lender may foreclose this Security Instrument by judicial proceedings, or may without further notice direct the Deed of Trust Trustee to exercise the power of sale set forth below, as to the amount so declared due and payable, and thereupon, the Mortgaged Property shall be sold according to law to satisfy and pay the same together with all costs, expenses and allowances thereof, including, without limitation, a reasonable fee for Lender's attorneys, at all trial and appellate levels. If Lender directs the Deed of Trust Trustee to exercise the power of sale, the Deed of Trust Trustee or any successor of the Deed of Trust Trustee is hereby authorized and empowered to enter and take possession of all or any part of the Mortgaged Property, personally or through its agent, and it shall be lawful for and the duty of the Deed of Trust Trustee, and the Deed of Trust Trustee is hereby authorized and empowered, to expose to sale and to sell the Mortgaged Property at public sale for cash, in compliance with the requirements of the General Statutes of North Carolina relating to nonjudicial foreclosure sales in effect on the date foreclosure is commenced; and at the time and place fixed for the sale to sell the Mortgaged Property, personally or through its agent, to the highest bidder for cash, free from any equity of redemption, homestead, dowry or curtesy, and all other exemptions, all of which are hereby expressly waived, and the Deed of Trust Trustee shall execute a conveyance in fee simple to and deliver possession of the Mortgaged Property to the purchaser. The Mortgaged Property may be sold in one parcel, several parcels or groups of parcels, and Lender shall be entitled to bid at the sale, and, if Lender is the highest bidder for the Mortgaged property or any part or parts thereof, Lender shall be entitled to purchase the same. Lender shall be entitled to a credit against the amount of its bid of the balance of the indebtedness secured hereby. After retaining a reasonable fee not to exceed five percent (5 %) of the gross proceeds of the sale as compensation to the Deed of Trust Trustee, plus all expenses incurred by it including reasonable attorneys' fees, the Deed of Trust Trustee shall apply the residue of the proceeds as provided in paragraph 25(b) of this Security Instrument. The Deed of Trust Trustee may require the successful bidder at any sale to deposit immediately with the Deed of Trust Trustee cash. or a certified check in an amount not to exceed ten percent (10 %) of the bid, provided notice of such requirement is contained in the advertisement of sale. The bid may be rejected if the deposit is not immediately made, and thereupon the next highest bidder may be declared to be the purchaser. Such deposit shall be refunded in case a resale is had; otherwise, it shall be applied to the purchase price. (h) Attorney Fees. All references to "attorney fees" or "reasonable legal fees" in this Security Instrument or the Note secured hereby or any other Loan Documents shall be deemed to refer to reasonable attorney fees actually incurred and without reference to any statutory or other presumptions.