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08-12-22;11:49AM;Calkins Law Office 73D89282612 # 5/ 7
<br />202205993
<br />9. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default
<br />occur and such default is not cured within the time period specified above, Beneficiary may declare all
<br />indebtedness secured hereby to be immediately due and payable and the same shall thereupon become due
<br />and payable without any further presentment, demand, protest or notice of any kind. Thereafter
<br />Beneficiary may;
<br />(A) Either in person or by agent, with or without bringing any action or proceeding, or by
<br />a receiver appointed by a court and without regard to the adequacy of its security, enter
<br />upon and take possession of the Trust Estate, or any part thereof, in its own name or in the
<br />name of Trustee, and do any acts which it deems necessary or desirable to preserve the
<br />value, marketability or rentability of the Trust Estate, or part thereof or interest therein,
<br />increase the income therefrom or protect the security hereof and, with or without taking
<br />possession of the Trust Estate, sue for or otherwise collect the rents and profits thereof;
<br />including those. past due and unpaid, and apply the same, less costs and expenses of
<br />Operation and collection, including attorneys' fees, upon any indebtedness secured hereby,
<br />all in such order as Beneficiary may determine. The entering upon and taking possession
<br />of the Trust Estate, the collection of such rents and profits and the application thereof as
<br />aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate
<br />any act done in response to such default or pursuant to such notice of default and,
<br />notwithstanding the continuance in possession of the Trust Estate or the collection, receipt
<br />and application of rents, issues or profits, Trustee or Beneficiary shall be entitled to
<br />exercise every right provided for in any of the Loan Instruments or by law upon occurrence
<br />of any event of default, including the right to exercise the power of sale:
<br />(B) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />receiver, to specifically enforce any of the covenants hereof;
<br />(C) 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,
<br />which notice Trustee shall cause to be duly filed for record with the County Clerk/Register
<br />of Deeds of Hall County.
<br />10. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by
<br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with
<br />Trustee this Deed of Trust, Surety Bond and such receipts and evidence of expenditures made and secured
<br />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, after
<br />such time as may then be required by law and after recordation of such Notice of Default
<br />and after Notice of Sale having been given as required by law, sell the Trust Estate at the
<br />time and place of sale fixed by Trustee in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels as Trustee shall deem expedient and in such order as Trustee may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United
<br />States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers
<br />thereof its good and sufficient deed conveying the property so sold, but without any
<br />covenant or warranty, express or implied. The recitals in such deed of any matters or facts
<br />shall be conclusive proof of the truthfulness thereof. Any person, including, without
<br />limitation, Trustors, Trustee, and Beneficiary, may purchase at such sale and Trustor
<br />hereby covenants to warrant and defend the title of such purchaser or purchasers.
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