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<br />FOURTH: If there shall be filed by or against the Trustor any petition or proceeding
<br />seeking an arrangement or composition or extension or any other relief under or pursuant to the
<br />Federal Bankruptcy Code or any other similar statute as now or hereafter in effect, or if the Trustor
<br />shall be adjudicated bankrupt or insolvent or any of Trustor's property shall have been sequestered
<br />and such decree shall have continued undischarged and unstayed for ninety (90) days after the entry
<br />thereof, then the whole of the Note and indebtedness hereby secured shall, without notice, at the
<br />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, Trustee,
<br />without demand on Trustor, shall sell the Property hereinbefore described, and any and every part
<br />thereof, in separate parcels or en masse as the Trustee may elect and in such order as trustee may
<br />determine on the date and at the time and place designated in said Notice of Sale, at public auction
<br />to the highest bidder, the purchase price payable in cash in lawful money of the United States at the
<br />time of sale. The person conducting the sale may, for any cause he or she deems expedient,
<br />postpone the sale from time to time until it shall be completed and, in every such case, notice of
<br />postponement shall be given by public declaration thereof by such person at the time and place last
<br />appointed for the sale; provided, 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 same manner as the original
<br />Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying the property
<br />so sold, 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 without
<br />limitation, Beneficiary or Trustee may purchase at the sale. Said sale shall be conducted at the real
<br />estate forming a part of the Property or at the court house in the county in which the Property to be
<br />sold, or some part thereof, is situated.
<br />(b) 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, including,
<br />without limitation, the payment of Trustee's fees incurred, which Trustee's fees shall not in the
<br />aggregate exceed the sum of Five Hundred and No/ 100 Dollars ($500.00).
<br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, if the sale is
<br />by Trustee, or the proper court and 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 below to the payment of:
<br />(1) Cost of any evidence of title procured in connection with such sale and of any
<br />revenue 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
<br />copy of any Notice of Sale provided for hereinabove be mailed to each such party at his post office
<br />address set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall have the
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