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7
<br />89... :101241
<br />payments as provided in the Note or change the amount of such installments.
<br />The entering upon and taking possession of the Property, the collection of
<br />such rents, issues and profits, and the application thereof as aforesaido
<br />shall not waive or cure any default or notice of default hereunder, or
<br />invalidate any.act done pursuant to such notice. Trustor assigns to
<br />Beneficiary, as further security for the performance of the indebtedness
<br />and obligations secured hereby, all prepaid rents and all moneys which may
<br />have been or may hereafter be deposited with Trustor by any lessee of the
<br />Property, to secure the payment of any rent or damages, and upon - default in
<br />the performance of any of the provisions hereof, Trustor agrees to deliver
<br />such rents and deposits to Beneficiary. Delivery of written notice of
<br />Beneficiary's exercise of the rights granted by this paragraph HIRD to any
<br />tenant occupying the Property or any...aortion thereof shall be sufficient to
<br />require said tenant to pay said rent.to Beneficiaty until further notice.
<br />lid
<br />FOURT? I. : Y f there shah be filed by or 'against lire .Trustor. aixy peti-
<br />t on cr proceeding seeking, an, arranT4ment or composition ,.or. ea�tension or
<br />a=Y other relief under fir pursuant to the Federal Bankruptcy Cc& or any
<br />ether similar statute as h6tt .cr- hereaf`ter in, eff et", or ±f the !6r stor
<br />shall-be adjudicated lankrupTt or insolvent or any of Trustor's property
<br />shall have been sequestered and such decree shall have continued undis-
<br />charged and unstayed for 90 days afwer the entry thereof, then the whole of
<br />the Note and indebtedness hereby secured shall, without notice, at the
<br />option of the Beneficiary, become due and payable.
<br />FIFTH: Upon default by Trustor in the payment of or performance of
<br />the terms and conditions of the Note, or any renewals, modifications or
<br />executions thereof, the payment of any other indebtedness secured hereby or
<br />in the performance of any agreement, covenant or warranty herein contained
<br />or set forth in any agreement or instrument executed by Trustor in con- t-
<br />nection with the indebtedness hereby secured, Beneficiary may declare all =-
<br />sums secured hereby immediately due and payable and the same shall-there-
<br />upon become due and payable without presentment, demand, protest or notice
<br />of any kind. Thereafter, Beneficiary may deliver to Trustee a written
<br />declaration of default and demand for sale. Trustee shall have the power F
<br />of sale of the Property and if Beneficiary decides the Property is to be
<br />sold, it shall deposit with rustee'this Deed of Trust and the Note or
<br />notes and any other documents evidencing expenditures secured hereby, and
<br />shall deliver to Trustee a rwritten notice of default and election to cause
<br />the Property to be sold, and Trusree, in turn, shall prepare a similar :'-
<br />notice in the form required by la.' which shall be duly filed for record by
<br />Trustee.
<br />(a) After the lapse of such time as may be required by lo:,,;, following
<br />the recordation of Notice of Default, and notice of Defau:•t and Notice
<br />of Sale having been given as required by law, Trustee, wit -hout demand
<br />on Trustor, shall. sell the Property hereinbefore described; and any
<br />and every part thereof, in separate parcels or en masse as the Trustee
<br />may elect and in such order as Trustee may determine on the date and
<br />at the time and place designated in said Notice of Sale, at public
<br />auction to the highest bidder, the purchase price payable in cash in
<br />lawful money of the Untied States at the time of sale. The person
<br />conducting the sale may, for any cause he or she deems expedient,
<br />postpone the sale from time to time until it shall be completed and,
<br />in every such case, notice of postponement shall be given by public
<br />declaration thereof by such parson at the time and place last appointed
<br />for the sale; provided,,.-if the sale is postponed for longer than one
<br />(2) dale beyond the day de'signa:ted in the Notice of Sale, notice
<br />thereof shall be'given in the same manner as i he original ;y`otire cf
<br />sale. Trustee shall ez,%scute and deliver to the purc'_1Taser its Dead
<br />conve7in7 the property so sold, but s4i::hout any corenant or warranty,
<br />express or implied. The recitals in'the Deed of any matters or facts
<br />shall be conclusive proof of the truthfulness thereof. Any person,
<br />including without limitation, Beneficiary or Trustee may purchase at
<br />Lthe
<br />sale. Said sale shall be conducted at the real estate forming a
<br />part of the Property or at the court house in the county in which the
<br />Property to be sold, or some part thereof, is situated.
<br />Ric
<br />(1)) When Trustee sells pursuant to the powers hc.r t,i P, Trustee sha t. i
<br />apply the procet_cls3 of the sale. to p,d fwent of the casts atul expet,. ;(: c,9
<br />ozer�-iGing the powear• of sale aw! r,f file sai►•, irc-ltrclincr, withcnit
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<br />] the l *ayr :ient of 'Pr11steE's f( f'E l ;irL1I"ri` f, s• :tiirh 'I'tltsfc c ':
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