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200411760
<br />upon and take possession of the Property or any part thereof and in its own name sue for or otherwise
<br />collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs
<br />and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness
<br />secured hereby and in such order as Beneficiary may determine; (b) lease the same or any part thereof for
<br />such rental, term and upon such conditions as Beneficiary's judgment may dictate or terminate or adjust
<br />the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise
<br />in writing, any application of rents, issues or profits to any indebtedness secured hereby shall not extend
<br />or postpone the due date of the installment payments as provided in the Note or change the amount of
<br />such installments. The entering upon and taking possession of the Property, the collection of such rents,
<br />issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice
<br />of default hereunder, or invalidate any act done pursuant to such notice. Trustor assigns to Beneficiary,
<br />as further security for the performance of the indebtedness and obligations secured hereby, all prepaid
<br />rents and all moneys which may have been or may hereafter be deposited with Trustor by any lessee of
<br />the Property, to secure the payment of any rent or damages, and upon default in the performance of any
<br />of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of
<br />written notice of Beneficiary's exercise of the rights granted by this paragraph THIRD to any tenant
<br />occupying the Property or any portion thereof shall be sufficient to require said tenant to pay said rent to
<br />Beneficiary until further notice.
<br />FOURTH. If there shall be filed by or against the Trustor any petition or proceeding seeking any
<br />arrangement or composition or extension of any other relief under or pursuant to the Federal Bankruptcy
<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 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 Beneficiary, become due and
<br />payable.
<br />FIFTH. Upon default by Trustor in the payment of or performance of the terms and conditions
<br />of 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
<br />forth in any agreement or instrument executed by Trustor in connection with the indebtedness hereby
<br />secured, Beneficiary may declare all sums secured hereby immediately due and payable and the same
<br />shall thereupon become due and payable without presentment, demand, protest or notice of any kind.
<br />Thereafter, Beneficiary may deliver to Trustee a written declaration of default and demand for sale.
<br />Trustee shall have the power of sale of the Property and if Beneficiary decides the Property is to be sold,
<br />it shall deposit with Trustee this Deed of Trust and the Note or notes and any other documents
<br />evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of default and
<br />election to cause the Property to be 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 the recondition 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
<br />separate parcels or en masse as the Trustee may elect and in such order as Trustee may determine on the
<br />date and at the time and place designated in said Notice of Sale, at public auction to the highest bidder,
<br />the purchase price payable in cash in lawful money of the United States at the time of sale. The person
<br />conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time
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