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202100533 <br />entry thereof, then the whole of the Note and indebtedness hereby secured shall, without notice, at <br />the option of the Beneficiary, become due and payable. <br />FIFTH. Upon default by Trustor in the payment of or performance of the terms and <br />conditions of the Note, or any renewals, modifications or executions thereof, the payment of any <br />other indebtedness secured hereby or in the performance of any agreement, covenant or warranty <br />herein contained or set forth in any agreement or instrument executed by Trustor in connection with <br />the indebtedness hereby secured, Beneficiary may declare all sums secured hereby immediately due <br />and payable and the same shall thereupon become due and payable without presentment, demand, <br />protest or notice of any kind. Thereafter, Beneficiary may deliver to Trustee a written declaration of <br />default and demand for sale. Trustee shall have the power of sale of the Property and if Beneficiary <br />decides the Property is to be sold, it shall deposit with Trustee this Deed of Trust and the Note or <br />notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee <br />a written notice of default and election to cause the Property to be sold, and Trustee, in turn, shall <br />prepare a similar notice in the form required by law, which shall be duly filed for record by Trustee. <br />(a) After the lapse of such time as may be required by law following the recordation of Notice <br />of Default, and notice of Default and Notice of Sale having been given as required by law, <br />Trustee, without demand on Trustor, shall sell the Property hereinbefore described, and any <br />and every part thereof, in separate parcels or en masse as the Trustee may elect and in such <br />order as Trustee may determine on the date and at the time and place designated in said <br />Notice of Sale, at public auction to the highest bidder, the purchase price payable in cash in <br />lawful money of the United States at the time of sale. The person conducting the sale may, <br />for any cause he or she deems expedient, postpone the sale from time to time until it shall be <br />completed and, in every such case, notice of postponement shall be given by public <br />declaration thereof by such person at the time and place last appointed for the sale; provided, <br />if the sale is postponed for longer than one (1) day beyond the day designated in the Notice <br />of Sale, notice thereof shall be given in the same manner as the original Notice of sale. <br />Trustee shall execute and deliver to the purchaser its Deed conveying the property so sold, <br />but without any covenant or warranty, express or implied. The recitals in the Deed of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including <br />without limitation, Beneficiary or Trustee may purchase at the sale. Said sale shall be <br />conducted at the real estate forming a part of the Property or at the court house in the county <br />in which the Property to be sold, or some part thereof, is situated. <br />(b) <br />When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the <br />sale to payment of the costs and expenses of exercising the power of sale and of the sale, <br />including, without limitation, the payment of Trustee's fees incurred, which Trustee's fees <br />shall not in the aggregate exceed the sum of Five Hundred and no/100th Dollars ($500.00) <br />plus 1/2 of 1% of the amount secured hereby and remaining unpaid and then to the items set <br />forth in subparagraph (c) of this paragraph FIFTH in the order therein stated. <br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, if the sale is <br />by Trustee, or the proper court and other costs of foreclosure and sale if sale is pursuant to <br />judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the <br />payment: <br />(1) Cost of any evidence of title procured in connection with such sale and of any <br />revenue required to be paid; <br />(2) All sums then secured hereby; <br />