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2005078"74
<br />Realty to be sold is situated, the first of which publications shall be at least twenty (20) days previous to such sale
<br />(or, if no such newspaper is so published, by the manner otherwise required by law), shall, at the date and time
<br />stated in the notice (which time shall be between the hours within which applicable law permits such sales to take
<br />place), and at the door of the county courthouse in such county at which foreclosure sales are customarily held or,
<br />at the election of Lender, at the Realty to be sold, proceed to sell the Realty granted and conveyed to Trustee
<br />hereby at public auction for cash (or for credit against the Debt if Lender is the highest bidder) or upon such other
<br />terms that are satisfactory to Trustee and Lender, and in bar of the equity of redemption and all rights of
<br />redemption, statutory or otherwise (including, without limitation, those rights of redemption contained in
<br />Tennessee Code Annotated Sections 66 -8 -101, et M.), homestead, dower, elective share, rights of appraisement
<br />or valuation, and all other rights and exemptions of every kind, all of which are hereby expressly waived. Such
<br />Realty or any part thereof may be sold in one parcel, or in such parcels, manner or order as Lender in its sole
<br />discretion may elect, and one or more exercises of the power herein granted shall not extinguish or exhaust the
<br />power unless all of such Realty is sold or the Debt is paid in full. Following a Trustee's sale of such Realty,
<br />Trustee shall deliver to the purchaser a Trustee's Deed conveying the property so sold. The recitals in the
<br />Trustee's Deed shall be prima facie evidence of the truth of the statements made therein. Borrower further agrees
<br />that, in case of any sale hereunder, it will at once surrender possession of such Realty and will from that moment
<br />become and be the tenant at will of the purchaser, and removable by process as upon a forcible and unlawful
<br />detainer suit, hereby agreeing to pay such purchaser the reasonable rental value of such Realty after such sale plus
<br />all expenses, including, without limitation, legal fees, incurred by the purchaser. Trustee may in the manner
<br />provided by law postpone sale of all or any portion of such Realty. In the event Lender purchases the Realty at
<br />Trustee's sale, to the extent Lender's bid price exceeds the Debt, Lender shall pay Trustee cash equal to such
<br />excess. Trustee may sell the Realty together with the other Property subject to the security interest of Lender as
<br />provided herein, at Trustee's discretion, in any manner permitted by applicable law.
<br />(b) This Security Instrument is given to secure not only existing indebtedness, but also future
<br />advances and obligations, whether such advances are obligatory or are to be made at the option of Lender, or
<br />otherwise, as are made by Lender or incurred by Borrower, to the same extent as if such future advances and
<br />obligations were made on the date of the execution of this Security Instrument.
<br />(c) This Security Instrument shall be effective as a financing statement filed as a fixture filing with
<br />respect to all fixtures included within the Property and is to be filed for record in the real property records of each
<br />county where any part of the Realty (including said fixtures) is situated. This Security Instrument shall also be
<br />effective as a financing statement covering any other Property and may be filed in any other appropriate filing or
<br />recording office. The mailing address of Borrower is the address of Borrower set forth in the introductory
<br />paragraph of this Security Instrument, and the mailing address of Lender from which information concerning the
<br />security interests hereunder may be obtained is the address of Lender as set forth in the introductory paragraph of
<br />this Security Instrument.
<br />(d) For purposes of this Security Instrument, references to "foreclose," "foreclosed," "foreclosing" or
<br />"foreclosure" shall include, but are not limited to, exercising a power of sale remedy granted to Trustee hereunder,
<br />and a reference to a "foreclosure sale" or "foreclosure action" shall include, but shall not be limited to, any sale
<br />conducted pursuant to, or any enforcement of, a power of sale remedy granted to Trustee pursuant to the terms of
<br />this Security Instrument. In addition, with respect to the portion of the Property that constitutes real property
<br />under applicable law, a reference to the "lien" of this Security Instrument shall mean the deed of trust lien created
<br />by this Security Instrument, and with respect to any portion of the Property which constitutes personal property, a
<br />reference to the "lien" of this Security Instrument shall mean the lien and security interest granted to Lender
<br />pursuant to the terms hereof, provided, however that with respect to the portion of the Property that constitutes
<br />fixtures under applicable law, a reference to the "lien" of this Security Interest shall mean both the deed of trust
<br />lien created by this Security Instrument and the lien and security interest granted to Lender pursuant to the terms
<br />hereof.
<br />(e) Upon the occurrence of an Event of Default, Trustee hereunder, or its agent or successor, at the
<br />request of Lender, or the representatives or assigns of Lender, after giving notice of the time and place of sale by
<br />publication of such at least three (3) different times in some newspaper published in the county in which the
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