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<br />200710443
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<br />or cure any default or notice of default hereunder, or invalidate any act
<br />done pursuant to such notice. Trustor assigns to Beneficiary, as further
<br />security for the performance of the indebtedness and obligations secured
<br />hereby, all prepaid rents and all moneys which may have been or may hereafter
<br />be deposited with Trustor by any lessee of the Property, to secure the
<br />payment of any rent or damages, and upon default in the performance of any of
<br />the provisions hereof, Trustor agrees to deliver such rents and deposits to
<br />Beneficiary. Delivery of written notice of Beneficiary's exercise of the
<br />rights granted by this paragraph THIRD to any tenant occupying the Property
<br />or any portion thereof shall be sufficient to require said tenant to pay said
<br />rent to Beneficiary until further notice.
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<br />FOURTH. If there shall be filed by or against the Trustor any petition
<br />or proceeding seeking any arrangement or composition or extension of any
<br />other relief under or pursuant to the Federal Bankruptcy Code or any other
<br />similar statute as is now or hereafter in effect, or if the Trustor shall be
<br />adjudicated bankrupt or insolvent or any of Trustor's property shall have
<br />been sequestered and such decree shall have continued undischarged and
<br />unstayed for 90 days after the entry thereof, then the whole of the Note and
<br />indebtedness hereby secured shall, without notice, at the option of the
<br />Beneficiary, become due and payable.
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<br />FIFTH. Upon default by Trustor in the payment of or performance of the
<br />terms and conditions of the Note, or any renewals, modifications or
<br />executions thereof, the payment of any other indebtedness secured hereby or
<br />in the performance of any agreement, covenant or warranty herein contained or
<br />set forth in any agreement or instrument executed by Trustor in connection
<br />with the indebtedness hereby secured, Beneficiary may declare all sums
<br />secured hereby immediately due and payable and the same shall thereupon
<br />become due and payable without presentment, demand, protest or notice of any
<br />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
<br />Property and if Beneficiary decides the Property is to be sold, it shall
<br />deposit with Trustee this Deed of Trust and the Note or notes and any other
<br />documents evidencing expenditures secured hereby, and shall deliver to
<br />Trustee a written notice of default and election to cause the Property to be
<br />sold, and Trustee, in turn, shall prepare a similar notice in the form
<br />required by law, which shall be duly filed for record by Trustee.
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<br />(a) After the lapse of such time as may be required by law following
<br />the recordation of Notice of Default, and notice of Default and Notice
<br />of Sale having been given as required by law, Trustee, without demand on
<br />Trustor, shall sell the Property hereinbefore described, and any and
<br />every part thereof, in separate parcels or en masse as the Trustee may
<br />elect and in such order as Trustee may determine on the date and at the
<br />time and place designated in said Notice of Sale, at public auction to
<br />the highest bidder, the purchase price payable in cash in lawful money
<br />of the United States at the time of sale. The person conducting the
<br />sale may, for any cause he or she deems expedient, postpone the sale
<br />from time to time until it shall be completed and, in every such case,
<br />notice of postponement shall be given by public declaration thereof by
<br />such person at the time and place last appointed for the sale; provided,
<br />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
<br />same manner as the original Notice of sale. Trustee shall execute and
<br />deliver to the purchaser its Deed conveying the property so sold, but
<br />without any covenant or warranty, express or implied. The recitals in
<br />the Deed of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. Any person, including without limitation,
<br />Beneficiary or Trustee may purchase at the sale. Said sale shall be
<br />conducted at the real estate forming a part of the Property or at the
<br />court house in the county in which the Property to be sold, or some part
<br />thereof, is situated.
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<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall
<br />apply the proceeds of the sale to payment of the costs and expenses of
<br />exercising the power of sale and of the sale, including, without
<br />limitation, the payment of Trustee's fees incurred, which Trustee's fees
<br />shall not in the aggregate exceed the sum of Five Hundred and no/lOath
<br />Dollars ($500.00) plus 1/2 of 1% of the amount secured hereby and
<br />remaining unpaid and then to the items set forth in subparagraph (c) of
<br />this paragraph FIFTH in the order therein stated.
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