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200003689 (d) A writ of executive or attachment of any similar process shall be entered against Trustor which shall become a lien on the Property, or any portion thereof or interest therein and such execution, attachment or similar process of judgment is not released, bonded, satisfied, vacat- ed or stayed within ninety (90) days after its entry or levy: or (e) There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or warranty contained herein or in any of the documents evidencing Obligations secured by this Deed of Trust; or (0 Trustor fails to perform any terms, conditions, covenants, or agreements which are part of other than this Deed of Trust any document or agreement which secures all or any part of the Obligations. 9. Condemnation. If title to any part of the Property shall be taken in condemnation proceedings, by right of eminent domain or similar action, or shall be sold under threat of condemnation, all awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall apply such awards, damages and proceeds to the sums secured by this Deed of Trust, with the excess, if any, paid to Trustor. If Trustor receives any notice or other information regarding such actions or proceedings, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled, at its option, to commence, appear in and prosecute in its own name any such action or proceedings and shall be entitled to make any compromise or settlement in connection with any such action or proceedings. 10. Acceleration; Remedies; Power of Sale. Upon an event of default by Trustor, as defined in Paragraphs 8 and 22 herein, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of a written declaration of default. THE TRUSTEE SHALL HAVE THE POWER OF SALE OF THE PROPERTY and if Beneficiary desires the Property to be sold, it shall deposit with Trustee this Deed of Trust, the Note, and all other promissory notes and documents evidencing Obligations secured hereby, and shall deliver to Trustee a written notice of default and election to cause the Property to be sold, and the 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 said 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 on the date and at the time and place designated in said notice of sale, at public auction to the highest bidder, the purchase price payable in lawful money of the United States at the time of sale. The person conducting the sale may, for any cause he deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than one (1) day beyond the day designated in the notice of sale, notice thereof shall be given in the same manner as the original notice of sale. Trustee shall execute and deliver to the purchaser his Deed conveying the Property sold, but without any covenant or warranty, express, or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Beneficiary, may purchase at the sale. (b) When Trustee sells pursuant to the powers herein, the Trustee shall apply the proceeds of the sale to payment of the costs and expenses of exercising the power of sale and of the sale, including but not limited to, the payment of the Trustee's fees actually incurred, and then to the items in subparagraph (c) in the order there stated. (c) After paying the items specified in subparagraph (b) if the sale is by Trustee, or after payment of proper court costs if the sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated below: (i) Cost of any evidence of title procured in connection with such sale and of any revenue stamps; (ii) Attorney fees and costs of collection; (iii) All sums then secured by this Deed of Trust; (iv) Junior trust deeds, mortgages, or other lienholders; (v) The remainder, if any, to the person legally entitled thereto. 11. Duties and Obligations of Trustee. (a) The duties and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth herein, and no implied covenants or obligations shall be imposed upon Trustee; (b) No provision of this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur any financial obligation in the performance of any of its duties hereunder, or in the exercise of any of its right or powers, if it shall have grounds for believing that the repayment of such funds or adequate indemnity against such risk or liability is not reason- ably assured to it; (c) Trustee may consult with counsel of its own choosing and the advice of such counsel shall be full and complete authoriza- tion and protection in the respect of any action taken or suffered by it in good faith and reliance thereon; (d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within the discretion or rights or powers conferred upon it by this Deed of Trust; (e) Trustee shall not be responsible for the payment of any unpaid taxes on the Property due and owing at the time of the sale of all or any part of the Property pursuant to the procedures in Paragraph 10. 12. Additional Security Instruments. Trustor, at its expense, will execute and deliver to the Trustee, promptly upon demand, such security instruments as may be required by Trustee, in form and substance satisfactory to Trustee, covering any of the Property conveyed by this Deed of Trust, which security instruments shall be additional security for Trustor's faithful performance of all of the terms, covenants, and conditions of this Deed of Trust, the Note and any and all other documents evidencing the Obligations secured hereby, and any other security instruments exe- cuted in connection with this transaction. Such instruments shall be recorded or filed, and re- recorded and refiled, at Trustor's expense. 13. Successor Trustee. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereun- der to execute this Deed of Trust. Upon such appointment and without conveyance to the successor Trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument by Beneficiary, containing reference to this Deed of Trust and its place of record, which when recorded in the office of the Register of Deeds of the county or counties in which said Property is situated shall be conclusive proof of proper appointment of the successor trustee. The foregoing power of substitution and the procedure therefor shall not be exclusive of the power and procedure provided for by law for the substitution of another trustee or trustees in the place of the Trustee. 14. Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon all or in any part of the Property for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of the Deed of Trust. 15. Forbearance by Beneficiary or Trustee Not a Waiver. Any forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults subsequently occurring. 16. Trustor Not Released. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust grant- ed by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor or Trustor's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for pay- ment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and Trustor's successors in interest. 17. Beneficiary's Right to Cure. If there shall be a default under this Deed of Trust or under any prior mortgage or deed of trust, the Beneficiary may cure such default. The amounts advanced by, and other costs and expenses of the Beneficiary in curing such default, with inter- est (from the date of disbursement at the rate payable from time to time on outstanding principal on the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate authorized by applicable law) shall be added to the indebtedness secured by this Deed of Trust and may be collected hereunder at any time after the time of such advances or pay- ments and shall be deemed to be secured thereby. 18. Option to Foreclose as Mortgage. Upon the occurance of any default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property. 19. Trustor's Rights, Absent Default. Until any default as defined herein, the Trustor, its successors and assigns, shall possess and enjoy the Property. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the property and shall surrender this Deed of Trust and the Note, and all other documents evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall recon- vey the property without warranty and without charge to the persons legally entitled thereto. The grantee in any reconveyance may be described as "the person or persons entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Such person or persons shall pay all costs of recording, if any. 20. Beneficiary's Powers. Without affecting or releasing the liability of the Trustor or any other person liable for the payment of any Obligations herein mentioned, and without affecting the lien charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid Obligations, Beneficiary may, from time to time and without notice at the request of one or more Trustors W release any person so liable, (ii) extend or renew the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's option any parcel or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, (vi) make compositions or other arrangements with debtors in relation thereto. All Trustors shall be jointly and severally obligated and bound by the actions of the Beneficiary or any one or more Trustor as stated in this paragraph.