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2002013ti2
<br />change the amount of such installments. The entering upon and taking possession of the Property,
<br />the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not
<br />waive or cure any default or notice of default hereunder, or invalidate any act done pursuant to such
<br />notice. Trustor assigns to Beneficiary, as further security for the performance of the indebtedness
<br />and obligations secured hereby, all prepaid rents and all moneys which may have been or may
<br />hereafter be deposited with Trustor by any lessee of the Property, to secure the payment of any rent
<br />or damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to
<br />deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise
<br />of the rights granted by this paragraph THIRD to any tenant occupying the Property or any portion
<br />thereof shall be sufficient to 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 or proceeding seeking
<br />any arrangement or composition or extension of any other relief under or pursuant to the Federal
<br />Bankruptcy Code or any other similar statute as is now or hereafter in effect, or if the trustor shall
<br />be adjudicated bankrupt or insolvent or any of Trustor's property shall have been sequestered and
<br />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
<br />of default and demand for sale. Trustee shall have the power of sale of the Property and if
<br />Beneficiary decides the Property is to be sold, it shall deposit with Trustee this Deed of trust and the
<br />Note or notes and any other documents evidencing expenditures secured hereby, and shall deliver
<br />to Trustee a written notice of default and election to cause the Property to be sold, and Trustee, in
<br />turn, shall prepare a similar notice in the form required by law, which shall be duly filed for record
<br />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, postpone
<br />the sale from time to time until it shall be completed and, in every such case, notice of postponement
<br />shall be given by public declaration thereof by such person at the time and place last appointed for
<br />the sale; provided, if the sale is postponed for longer than one (1) day beyond the day designated in
<br />the Notice of Sale, notice thereof shall be given in the same manner as the original Notice of Sale.
<br />Trustee shall execute and deliver to the purchaser its Deed conveying the property so sold, but
<br />without any covenant or warranty, express or implied. The recitals in the Deed of any matters or
<br />facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation,
<br />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,
<br />or some part thereof, is situated.
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale
<br />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 Dollars ($500.00) plus 1/2 of I% of the amount secured
<br />hereby and remaining unpaid and then to the items set forth in subparagraph (c) of this paragraph
<br />FIFTH in the order therein stated.
<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.
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