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200302537 <br />Trust which can be given effect without the conflicting provisions and to this end the <br />provisions of this Deed of Trust are declared to be severable. <br />6. Events of Default. Each of the following occurrences shall constitute an event <br />of default hereunder, (hereinafter called an "Event of Default'): (a) Trustor shall fail to pay <br />after proper notice any principal, interest, or principal and interest on the Indebtedness; (b) <br />any warranty of title made by Trustor herein shall be untrue; or (c) Truster shall fail to <br />observe or perform any of the covenants, agreements or conditions in this Deed of Trust. <br />7. Acceleration of Debt: Foreclosure. Upon the occurrence of any Event of <br />Default, or any time thereafter, Beneficiary may, at its option, after notice designated in the <br />Guaranty, declare all the Indebtedness secured hereby immediately due and payable and the <br />same shall bear interest at the default rate set forth in the Guaranty. In such event, <br />Beneficiary may bring any action in any court of competent jurisdiction to foreclose this Deed <br />of Trust or enforce any of the covenants hereof. Beneficiary may elect to cause the Trust <br />Property or any part thereof to be sold under the power of sale, and in such event, Beneficiary <br />or Trustee shall give such notice of default and notice of sale as may be then required by law. <br />Thereafter, upon the expiration of such time and the giving of such notice of sale as may then <br />be required by law, Trustee, at the time and place specified by the notice of sale, shall sell <br />such Trust Property, or any part thereof specified by Beneficiary, at public auction to the <br />highest bidder for cash in lawful money of the United States of America. Upon receipt of <br />payment of the price bid, Trustee shall apply the proceeds in the following order: (i) to the <br />costs and expenses of exercising the power of sale and of the sale, not to exceed $500.00, (ii) <br />to the Indebtedness, and (iii) the excess, if any, to the person or persons legally entitled <br />thereto. <br />8. Duties of Trustee. 'Trustor agrees that the duties and obligations of Trustee <br />shall be determined solely by the express provisions of this Deed of Trust and the Trustee <br />shall not be liable except for the performance of such duties and obligations as are specifically <br />set forth herein, and no implied covenants or obligations shall be imposed upon Trustee; no <br />provision of this Deed of Trust shall require Trustee to expend or risk his own funds, or <br />otherwise incur any financial obligation in the performance of any of his duties hereunder, or <br />in the exercise of any of his rights or powers, if it shall have grounds for believing that the <br />repayment of such funds are adequate indemnity against such risk or liability not reasonably <br />insured to it; Trustee may consult with counsel of he own choosing and the advice of such <br />counsel shall be full and complete authorization and protection in the respect of any action <br />taken or suffered by it hereunder in good faith and reliance thereon; and Trustee shall not be <br />liable for any action taken by it in good faith and reasonable believed by it to be authorized or <br />within him discretion or rights or powers conferred upon it by this Deed of Trust. <br />9. Notice to Trustor. Trustor hereby requests that a copy of any notice of default <br />and notice of sale made or executed by Trustee pursuant to the provisions hereof be sent to <br />Truster at his mailing address set forth herein above. <br />