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I • �L R .. :104866 FIFTH: Upon default by Trustor in the payment G£ :+sir perfor- mance of the terms and conditions of the Note, or any:_ :renewals, modifications or executions thereof, the payment of any other in- debtedness secured hereby or in the performance of any agreement, covenant or warranty herein contained or set forth in any agree- ment or instrument executed by,.Trustor in connection with the in- debtedness hereby secured, Benef* -ciary may declare all sums se- cured 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 de- liver to Trustee a written declaration of default and demand for salc---,.Trustee shall have the power of sale of the Property and if.'� . fidiary decides the Property. is to be sold, it shall de- pos c ; :? .:.Trustee this Deed -of trust and the Note - or notes and arry *ttfg documents evidencing expenditures secured•"hereby, and s2uas "de3fver to Trustee a written notice of default and election to :. ruse. the Property to be sold, and Trustee, in turn, shat. prepare a.-:,similar notice in the form required by law, which shall be duly filed foil record by Trustee. (a) After the lapse of such time as may be required by law fol- lowing the: recordation of Notice of Default; and Notice of De- fault and:Tbtice of Sale having been given as required. by law,. Trustee, iwLthout demand, Q"M: Trustor, shall sell the Property Nere- inbefore described,- and'. awy and 4E very part thereof, in separate parcels or en masse: as the Tru:�t+ee may elect and in such order as trustee may determine on the date and at the time and _place des- ignated in said Notice of Sale, at public auction to e. highest bidder, the purchase price payable in cash in lawful zwney of the United States at the time of sale. The person conduct= 1ftQ.th.e sale may, for any cause he or she deems expedient, post,' ne the sale from time to time until it shall be completed an ,-in every such case, notice of postponement shall be given by public decla- ration thereof by such person at the ti=e and place last ap- pointed for the sale; provided, . if the sale is postponed for longer than one (ID'day.beyond the day desig'h�pted in the Notice of Sale, notice thereof shall be given not the same manner as the original Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying the property so sold, but with - out any covenant ar warranty, express or impT:Lel. The recitals in the Deed of an17 -mat:tews or facts shall be canclusiire proof of the truthfulness t hereaf.. Any person, including wit -noiat limita- tion, Beneficiary or Trustee may purchase at the sale, Said sale shall be conducted at the real estate forming a: part of the L7xop- erty or at the court house in the county in Which the. Property to be sold, or some part thereof, is situated. (b) Wher:Ir-rustee sells pursuant to the powers herein„ Trustee shall apply the proceeds of the sale to payment of the costs "and expenses of exercising the power of sale and o•f the sale, includ- ing, without limitation, the payment of Trustee's fees. incurred, which Trustee's fees shall not in the aggregate exceed the sum of Five Hundred and No /100 Dollars ($500.00) plus 1% of the amount secured hereby and remaining unpaid and then to the items set forth in subparagraph (c) of this paragraph FIFTH in the order therein stated. (c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, if the sale is by Trustee, or the proper court and other costs of foreclosure and sale if sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the payment of: (1) Cost of any evidence of title procured in connection with such sale and of any revenue required to be paid; 0 (2) All sums then secured hereby; ' S -