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� " 99 �078 �9
<br /> such rents and deposits to Beneficiary. Delivery of written notice of
<br /> Beneficiary' s exercise of the rights granted by this paragraph THIRD to any
<br /> tenant occupying the Property or an� portion thereof shall be suffi�ient to
<br /> 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
<br /> or proceeding seeking any arrangement or composition or extension of any
<br /> other relief under or pursuant to the Federal Bankruptcy Code or any other
<br /> similar statute as is now or hereafter in effect, or if the Trustor shall be
<br /> adjudicated bankrupt or insolvent or any of Trustor' s property shall have
<br /> been sequestered and such decree shall have continued undischarged and
<br /> unstayed for 90 days after the entry thereof, then the whole of the Note and
<br /> indebtedness hereby secured shall, without notice, at the option of the
<br /> Beneficiary, become due and payable.
<br /> FIFTH. Upon default by Trustor in the payment of or performance of the
<br /> 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 or
<br /> set forth in any agreement or instrument executed by Trustor in connection
<br /> with the indebtedness hereby secured, Beneficiary may declare all sums
<br /> secured hereby immediately due and payable and the same shall thereupon
<br /> become due and payable without presentment, demand, protest or notice of any
<br /> kind. Thereafter, Beneficiary may deliver to Trustee a written declaration
<br /> of default and demand for sale. Trustee shall have the power of sale of the
<br /> Property and if Beneficiary decides the Property is to be sold, it shall
<br /> deposit with Trustee this Deed of Trust and the Note or notes and any other
<br /> documents evidencing expenditures secured hereby, and shall deliver to
<br /> Trustee a written notice of default and election to cause the Property to be
<br /> sold, and Trustee, in turn, shall prepare a similar notice in the form
<br /> 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
<br /> the recordation of Notice of Default, and notice of Default and Notice
<br /> of Sale having been given as required by law, Trustee, without demand on
<br /> Trustor, shall sell the Property hereinbefore described, and any and
<br /> every part thereof, in separate parcels or en masse as the Trustee may
<br /> elect and in such order as Trustee may determine on the date and at the
<br /> time and place designated in said Notice of Sale, at public auction to
<br /> the highest bidder, the purchase price payable in cash in lawful money
<br /> of the United States at the time of sale. The person conducting the
<br /> sale may, for any cause he or she deems expedient, postpone the sale
<br /> from time to time until it shall be completed and, in every such case,
<br /> notice of postponement shall be given by public declaration thereof by
<br /> 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
<br /> designated in the Notice of Sale, notice thereof shall be given in the
<br /> same manner as the original Notice of sale . Trustee shall execute and
<br /> deliver to the purchaser its Deed conveying the property so sold, but
<br /> without any covenant or warranty, express or implied. The recitals in
<br /> the Deed of any matters or facts shall be conclusive proof of the
<br /> truthfulness thereof . Any person, including without limitation,
<br /> 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
<br /> court house in the county in which the Property to be sold, or some part
<br /> thereof, is situated.
<br /> (b) When Trustee sells pursuant to the powers herein, Trustee shall
<br /> apply the proceeds of the sale to payment of the costs and actual
<br /> expenses of exercising the power of sale and of the sale, including,
<br /> without limitation, the payment of Trustee' s fees incurred, which
<br /> Trustee' s fees shall not in the aggregate exceed the sum of Five Hundred
<br /> and no/100th Dollars ($500 . 00) plus 1/2 of lo of the amount secured
<br /> hereby and remaining unpaid and then to the items set forth in subpara-
<br /> graph (c) of this paragraph FIFTH in the order therein stated.
<br /> (c) After paying the items specified in subparagraph (b) of this
<br /> paragraph FIFTH, if the sale is by Trustee, or the proper court and
<br /> other costs of foreclosure and sale if sale is pursuant to judicial
<br /> foreclosure, the proceeds of sale shall be applied in the order stated
<br /> below to the payment :
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