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<br />200805762 <br /> <br />hereby shall not extend or postpone the due date of the installment payments as provided in the Note or change the <br />amount of such installments. The entering upon and taking possession of the Property, the collection of such rents, <br />issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of default <br />hereunder, or invalidate any act done pursuant to such notice. Trustor assigns to Beneficiary, as further security for <br />the performance of the indebtedness and obligations secured hereby, all prepaid rents and all moneys which may have <br />been or may hereafter be deposited with Trustor by any lessee ofthe Property, to secure the payment of any rent or <br />damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents <br />and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted by this <br />paragraph THIRD to any tenant occupying the Property or any portion thereof shall be sufficient to require said tenant <br />to pay said rent to Beneficiary until further notice. <br /> <br />FOURTH: If there shall be filed by or against the Trustor any petition or proceeding seeking any <br />arrangement or composition or extension of any other relief under or pursuant to the Federal Bankruptcy Code or any <br />other similar statute as is now or hereafter in effect, or if the trustor shall be adjudicated bankrupt or insolvent or any <br />of Trustor's property shall have been sequestered and such decree shall have continued undischarged and un stayed <br />for ninety (90) days after the entry thereof, then the whole of the Note and indebtedness hereby secured shall, without <br />notice, at the option ofthe Beneficiary become due and payable. <br /> <br />FIFTH: Upon default by Trustor in the payment of or performance ofthe terms and conditions of the Note, <br />or any renewals, modifications or executions thereof, the payment of any other indebtedness secured hereby or in the <br />performance of any agreement, covenant or warranty herein contained or set forth in any agreement or instrument <br />executed by Trustor in connection with the indebtedness hereby secured, Beneficiary may declare all sums secured <br />hereby immediately due and payable and the same shall thereupon become due and payable without presentment <br />demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to Trustee a written declaration of default <br />and demand for sale. Trustee shall have the power of sale of the Property and if Beneficiary decides the Property <br />is to be sold, it shall deposit with Trustee this Deed of trust and the Note or notes and any other documents evidencing <br />expenditures secured hereby, and shall deliver to Trustee a written notice of default and election to cause the Property <br />to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be duly filed <br />for record by Trustee. <br /> <br />(a) After the lapse of such time as may be required by law following the recordation of Notice of Default, and <br />Notice of Default and Notice of Sale having been given as required by law, Trustee, without demand on Trustor, shall <br />sell the Property hereinbefore described, and any and every part thereof, in separate parcels or en masse as the Trustee <br />may elect and in such order as trustee may determine on the date and at the time and place designated in said Notice <br />of Sale, at public auction to the highest bidder, the purchase price payable in cash in lawful money of the United <br />States at the 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 shall be given <br />by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale <br />is postponed for longer than one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given <br />in the same manner as the original Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed <br />conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed <br />of any matters or facts shall be conclusive proof ofthe 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 forming a part ofthe <br />Property or at the court house in the county in which the Property to be sold, or some part thereof, is situated. <br /> <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payment <br />of the costs and expenses of exercising the power of sale and of the sale, including, without limitation, the payment <br />of Trustee's fees incurred, which Trustee's fees shall not in the aggregate exceed the sum of Five Hundred Dollars <br />($500.00) plus 1/2 of 1 % of the amount secured hereby and remaining unpaid and then to the items set forth in <br />subparagraph (c) of this paragraph FIFTH in the order therein stated. <br /> <br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, ifthe sale is by Trustee, or <br />the proper court and other costs of foreclosure and sale if sale is pursuant to judicial foreclosure, the proceeds of sale <br />shall be applied in the order stated below to the payment of: <br /> <br />(1) Cost of any evidence of title procured in connection with such sale and of any revenue <br />required to be paid; <br /> <br />(2) All sums then secured hereby; <br /> <br />(3) The remainder, if any, to the person or persons legally entitled thereto. <br /> <br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a copy of any <br />Notice of Sale provided for hereinabove be mailed to each such party at the parties post office address set forth <br />herein. Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Deed of <br />Trust in the manner provided by law for the foreclosure of mortgages on real property. <br /> <br />Page 3 of 5 <br />