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200408613
<br />Code or any other similar statute as is now or hereafter in effect, or if the trustor shall be adjudicated
<br />bankrupt or insolvent or any of Trustor's property shall have been sequestered and such decree shall have
<br />continued undischarged and unstayed for ninety (90) days after the entry thereof, then the whole of the Note
<br />and indebtedness hereby secured shall, without notice, at the option of the Beneficiary become due and
<br />payable.
<br />FIFTH: Upon default by Trustor in the payment of or performance of the terms and conditions of
<br />the Note, or any renewals, modifications or executions thereof, the payment of any other indebtedness
<br />secured hereby or in the performance of any agreement, covenant or warranty herein contained or set forth
<br />in any agreement or instrument executed by Trustor in connection with the indebtedness hereby secured,
<br />Beneficiary may declare all sums secured hereby immediately due and payable and the same shall thereupon
<br />become due and payable without presentment demand, protestor notice of any kind. Thereafter, Beneficiary
<br />may deliver to Trustee a written declaration of default and demand for sale. Trustee shall have the power
<br />of sale of the Property and if Beneficiary decides the Property is to be sold, it shall deposit with Trustee this
<br />Deed of trust and the Note or notes and any other documents evidencing expenditures secured hereby, and
<br />shall deliver to Trustee a written notice of default and election to cause the Property to be sold, and Trustee,
<br />in turn, shall prepare a similar notice in the form required by law, which shall be duly filed for record by
<br />Trustee.
<br />(a) After the lapse of such time as may be required by law following the recordation of Notice of
<br />Default, and Notice of Default and Notice of Sale having been given as required by law, Trustee, without
<br />demand on Trustor, shall sell the Property hereinbefore described, and any and every part thereof, in separate
<br />parcels or en masse as the Trustee may elect and in such order as trustee may determine on the date and at
<br />the time and place designated in said Notice of Sale, at public auction to the highest bidder, the purchase
<br />price payable in cash in lawful money 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 from time to time until it shall be
<br />completed and, in every such case, 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, if the sale is postponed for longer
<br />than one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the same
<br />manner as the original Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying
<br />the property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of
<br />any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without
<br />limitation, Beneficiary or Trustee may purchase at the sale. Said sale shall be conducted at the real estate
<br />forming a part of the Property or at the court house in the county in which the Property to be sold, or some
<br />part thereof, is situated.
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to
<br />payment of the costs and expenses of exercising the power of sale and of the sale, including, without
<br />limitation, the payment of Trustee's fees incurred, which Trustee's fees shall not in the aggregate exceed the
<br />sum of Five Hundred Dollars ($500.00) plus 1/2 of 1 % of the amount secured hereby and remaining unpaid
<br />and then to the items set 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 by
<br />Trustee, or the proper court and other costs of foreclosure and sale if sale is pursuant to judicial foreclosure,
<br />the proceeds of sale shall be applied in the order stated below to the payment of-
<br />(1) Cost of any evidence of title procured in connection with such sale and of any revenue
<br />required to be paid;
<br />(2) All sums then secured hereby;
<br />(3) The remainder, if any, to the person or persons legally entitled thereto.
<br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a copy of
<br />any Notice of Sale provided for hereinabove be mailed to each such party at the parties post office address
<br />set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall have the option to
<br />foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property.
<br />SIXTH: Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver to
<br />Beneficiary, promptly upon request, such security instruments as may be required by Beneficiary, in a form
<br />and substance satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of Trust
<br />which security instruments shall be additional security for Trustor's faithful performance of all of the terms,
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