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200102813
<br />Deliver to Trustee a written declaration of default and demand for sale, and a written
<br />notice of default and election to cause Trustor's interest in the Trust Estate to be sold, by
<br />exercise of the power of sale herein contained, which notice Trustee shall cause to be
<br />duly filed for record in the appropriate Official Records of the County in which the Trust
<br />Estate is located.
<br />2. ASSIGNMENT OF LEASES AND RENTS. Trustor hereby absolutely assigns and transfers to
<br />Beneficiary all the leases, rents, issues and profits of the Property, and hereby gives to and confers upon Beneficiary
<br />the right, power and authority to collect such rents, issues and profits. Trustor irrevocably appoints Beneficiary its
<br />true and lawful attorney -in -fact, at the option of Beneficiary at any time and from time to time, to take possession
<br />and control of the Property and to demand, receive and enforce payment, to give receipts, releases and satisfaction,
<br />and to sue, in the name of Trustor or Beneficiary, for all such rents, issues and profits and apply the same to the
<br />amounts due under the loan documents, provided, however, that Trustor shall have a revocable license to possess
<br />and control the Property and to collect such rents, issues and profits (but not more than one month in advance) prior
<br />to or at any time there is not an event of Default under any of the Loan Documents. This assignment of the rents,
<br />issues and profits of the Property is intended to be an absolute assignment from Trustor to Beneficiary and not
<br />merely the passing of a security interest.
<br />12. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of
<br />the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of
<br />Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may require.
<br />a. Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded,
<br />published and delivered to Trustor such Notice of Default and Notice of Sale as then
<br />required by law and by this Deed of Trust. Trustee shall, without demand on Trustor,
<br />after such time as may then be required by law and after recordation of such Notice of
<br />Default and after Notice of Sale having been given as required by law, sell the Trust
<br />Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or
<br />in separate lots or parcels or items as Trustee shall deem expedient, and in such order as
<br />it may determine, at public auction to the highest bidder for cash or cash equivalent
<br />payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof
<br />its good and sufficient deed conveying the property so sold, but without any covenant or
<br />warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including, without limitation,
<br />Trustor, Trustee or Beneficiary, may purchase at such sale and Trustor hereby covenants
<br />to warrant and defend the title of such purchaser or purchasers.
<br />b. As may be permitted by law, after deducting all costs, fees and expenses of Trustee and
<br />of this Trust, including costs of evidence of title and reasonable attorney fees, Trustee
<br />shall apply the proceeds of sale to payment of (i) all sums expended under the terms
<br />hereof, not then prepaid, with accrued interest; (ii) all other sums secured hereby; and
<br />(iii) the remainder, if any, to the person or persons legally entitled thereto. Nothing
<br />herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment
<br />against Trustor.
<br />Trustee may in the manner provided by law, postpone sale of all or any portion of the
<br />Trust Estate.
<br />13. REMEDIES NOT EXCLUSIVE. In the event of default, the remedies provided in this Deed are
<br />not exclusive of any other remedies available to the Beneficiary and Trustee as allowed by law.
<br />14. ADDITIONAL TRUSTEE POWERS AND LIMITS OF LIABILITY. At any time, and without
<br />notice, upon written request of the Beneficiary and presentation of this Trust Deed and the Note(s) for endorsement,
<br />and without liability therefor, and without affecting the personal liability of any person for payment of the
<br />indebtedness secured by this Deed, and without affecting the security for the full amount secured on all property
<br />remaining subject to this Deed, and without the necessity that any sum representing the value of any portion thereof
<br />of the property affected by the Trustee's action be credited on the indebtedness, the Trustee may:
<br />a. release and reconvey all or any part of the property;
<br />b. consent to the making and recording, or either, of any map or plat of the property or any part
<br />thereof,
<br />C. join in granting any easement thereon;
<br />d. join in or consent to any extension agreement or any agreement subordinating the lien or
<br />encumbrance of this Deed.
<br />The Trustee shall not be held liable for any loss resulting from any act(s) or failure(s) to act if such act(s) or
<br />failure(s) are so performed in good faith.
<br />15. ACCELERATION UPON SALE OR ENCUMBRANCE. If the Trustor sells, conveys, transfers
<br />or disposes of, or further encumbers the property, or any part thereof, without the written consent of the Beneficiary
<br />being first had and obtained, the Beneficiary shall have the right, at its option, to declare all sums secured hereby
<br />immediately due and payable.
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