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202400777
<br />or cure any default or notice of default hereunder, or invalidate any act done pursuant to such notice.
<br />Trustor assigns to Beneficiary, as further security for the performance of the indebtedness and
<br />obligations secured hereby, all prepaid rents and all moneys which may have been or may hereafter
<br />be deposited with Trustor by any lessee of the Property, to secure the payment of any rent or
<br />damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to
<br />deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise
<br />of the rights granted by this paragraph THIRD to any tenant occupying the Property or any portion
<br />thereof shall be sufficient to require said tenant to pay said rent to Beneficiary until further notice.
<br />FOURTH. If there shall be filed by or against the Trustor any petition or proceeding
<br />seeking any arrangement or composition or extension of any other relief under or pursuant to the
<br />Federal Bankruptcy Code or any other similar statute as is now or hereafter in effect, or if the
<br />Trustor shall be adjudicated bankrupt or insolvent or any of Trustor's property shall have been
<br />sequestered and such decree shall have continued undischarged and unstayed for 90 days after the
<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 courthouse 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,
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