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20140219 including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Beneficiary may determine; (b) lease the same or any part thereof for such rental, term and upon such conditions as Beneficiary's judgment may dictate or terminate or adjust the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the installment payments as provided in the Note or change the amount of such installments. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or invalidate any act done pursuant to such notice. Trustor assigns to Beneficiary, as further security for the performance of the indebtedness and obligations secured hereby, all prepaid rents and all moneys which may have been or may hereafter be deposited with Trustor by any lessee of the Property, to secure the payment of any rent or damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted by this paragraph THIRD to any tenant occupying the Property or any portion thereof shall be sufficient to require said tenant to pay said rent to Beneficiary until further notice. FOURTH. If there shall be filed by or against the Trustor any petition or proceeding seeking any arrangement or composition or extension of any other relief under or pursuant to the Federal Bankruptcy Code or any other similar statute as is now or hereafter in effect, or if the Trustor shall be adjudicated bankrupt or insolvent or any of Trustor's property shall have been sequestered and such decree shall have continued undischarged and unstayed for 90 days after the entry thereof, then the whole of the Note and indebtedness hereby secured shall, without notice, at the option of the Beneficiary, become due and payable. FIFTH. Upon default by Trustor in the payment of or performance of the terms and conditions of the Note, or any renewals, modifications or executions thereof, the payment of any other indebtedness secured hereby or in the performance of any agreement, covenant or warranty herein contained or set forth in any agreement or instrument executed by Trustor in connection with the indebtedness hereby secured, Beneficiary may declare all sums secured hereby immediately due and payable and the same shall thereupon become due and payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to Trustee a written declaration of default and demand for sale. Trustee shall have the power of sale of the Property and if Beneficiary decides the Property is to be sold, it shall deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of default and election to cause the Property to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be duly filed for record by Trustee. (a) After the lapse of such time as may be required by law following the recordation of Notice of Default, and notice of Default and Notice of Sale having been given as required by law, Trustee, without demand on Trustor, shall sell the Property hereinbefore described, and any and every part thereof, in separate parcels or en masse as the Trustee may elect and in such order as Trustee may determine on the date and at the time and place designated in said Notice of Sale, at public auction