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200207458
<br />DEED OF TRUST
<br />Loan No: 774576 (Continued) Page 6
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein eprommud, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence Of expenditures made and
<br />secured by this Deed of Trust us Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee Shall cause to be recorded, published and delivered to Tustor such
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand On
<br />Trustor, alter such time a s may then Inc. required by law and after recordation of such Notice of Default and star Notice of
<br />Sale having been given as required by law, sell the Property at the tuna and place of sale fixed by It in such Notice of Sale,
<br />either a whole, or in separate lots or parcels or items ss Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash In lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or fuvrhassra thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any coverent Or warranty, express or implied . The majors in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Tmstar, Trustee, or Lander, may
<br />purchase at such Sale.
<br />do As me, be permitted by law, after occurring all costs, fees and expenses of Trustee and of this Trust, including costs Of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (g all sums expanded under
<br />the terms of this Deed of Trust or under the terms of the NOW not than repaid, including but not limited to accrued interest
<br />and late charges, gi) all other sums then secured hereby, and till) the remainder, If any, to the person or persona legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lander, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or Obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now r hereafter in force; notwithstanding,
<br />me or all of such Indebtedness and obligations secured by this Deed of Trust may now Or hereafter be otherwise secured, whether
<br />by mortgage, dead Of trust, pladge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its em.,,amebb
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shell prejudice or in any
<br />manner affect Trustee's or Lender's right to realim upon or enforce any other security now or hereafter held by Trustee or Lender, It
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other Security now or
<br />hereallar hold by Lender or Trustee in Such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon a reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given In this Deed of Trust or
<br />w or hereafter existing at law or in equity or by statute. Every power or carnady given by the Nate or any of the Related Documents
<br />to Loci or Lander or to which .,,her of them may be otherwise entitled, may be exercised, concurrently or Independently, from time
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<br />to time and a Often a tmy be deemed expedient by Trustee Or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor'a obligations untler this Dead of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare 1 roster In default and to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Truster and Lender, hereby requests that a copy of any Noliue Of Default and a copy of any
<br />Notice of Sale under this Deed Of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any Of the terms of this Deed of Trust, Lender shall be
<br />entitled to re such s m as find, court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whetter or not any
<br />court action Is invulvud, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of Its interest Or the enforcement of Its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender 'a attorneys lee$ and Larger's legal expenses,
<br />whether or not there is a lawsuit, 'mcluding attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay Or injunction)r appeals, and any anticipated post t - judgment collections , the cost of searching
<br />records, obtaining title reports Including foreclosure raportelr surveyors' reports, and appraisal fees, title Insurance, and fares for the
<br />Trustoo, to the extent permftmil by applicable law. Truster also will pay any court costs, In addition to all other Suma provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties Of Lender as set forth in this scoria,
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Truslec are part dl this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee aiding a s matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: (a) loin In preparing and filing a map or plat of
<br />the Real Property, indicting the dedication of streets or other rights to the public; (bl join In granting any easement o creating any
<br />restriction on the Real Property: and (o) join In any subordination or other agreement affecting this Dead of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remediee act
<br />forth above, with respect to all Or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lander
<br />will have the right to foreclose by judicial foreclosure, in either case in acrordanoe with and to the full extent provided by applicable
<br />law.
<br />Successor Trusted. Lender, at lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an iratrument executed and acknowledged by Lender and recorded In the office of the recorder of HALL County,
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