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200908813 <br />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 <br />seeking any arrangement or composition or extension of any other relief under or pursuant to the <br />Federal Bankruptcy Cade or any other similar statute as is now or hereafter in effect, or if the <br />Trustor shall be adjudicated bankrupt or insolvent or any of Trustor's property shall have been <br />sequestered and such decree shall. have continued undischarged and. unstayed for 90 days after the <br />entry thereof, then the whole of the Note and indebtedness hereby secured shall, withaut notice, <br />at the 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 Nate, 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 captained ar set forth in any agreement or instrument executed by Trustor in connection <br />with the indebtedness hereby secured, Beneficiary may declare all sums secured hereby <br />immediately due and payable and the same shall thereupon become due and payable without <br />presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to <br />Trustee a written declaration of default and demand for sale. Trustee shall have the power of sale <br />of the Property and if Beneficiary decides the Property is to be sold, it shall deposit with Trustee <br />this Deed of Trust and the Note ar notes and. any other documents evidencing expenditures <br />secured hereby, and shall deliver to Tnistee a written notice of default and election to cause the <br />Property to be sold, and Trustee, in turf, shall prepare a similar notice in the form required by <br />law, which shall be duly filed for record by Trustee. <br />(a) After the lapse of such time as maybe required by law following the recondition <br />of Notice of Default, and notice of Default and Notice of Sale having been given as required by <br />law, Trustee, without demand on Trustor, shall sell the Property hereinbefare described, and any <br />and every part thereof, in separate parcels or en masse as the Trustee may elect and in such order <br />as Trustee may determine on the date and at the time and place designated in said Notice of Sale, <br />at public auction to the highest bidder, the purchase price payable in cash in lawful money of the <br />United States at the time of sale. The person conducting the sale may, for any cause he or she <br />deems expedient, postpone the sale from time to time until it shall be completed and, in every <br />such case, notice of postponement shall be given by public declaration thereof by such person. at <br />the time and place last appointed for the sale; provided, if the sale is postponed far longer than <br />one (1) day beyond the day 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 deliver to the purchaser its <br />Deed conveying the property so sold, but without any covenant ar warranty, express or implied. <br />The recitals in the Deed of any matters or facts shall be conclusive proof of the tnrthfiilness <br />thereof. Any person., including without limitation, Beneficiary or Tnistce may purchase at the <br />sale. Said sale shall be conducted at the real estate forning a part of the Property or at the court <br />house in the county in which the Property to be sold, ar some part thereof, is situated. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the <br />proceeds of the sale to payment of the costs and expenses of exercising the power of sale and of <br />the sale, including, without limitation, the payment of Trustee's fees incurred, which Tnistee's <br />fees shall not in the aggregate exceed the sum of Five Hundred and no/100 Dollars ($500.00) <br />plus '/z of 1`% of the amount secured hereby and remaining unpaid anal then to the items set forth <br />in subparagraph (c) of this paragraph FIFTH in the order therein stated. <br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, if <br />the sale is by Trustee, or the proper court and other costs of foreclosure and sale if sale is <br />pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated <br />below to the payment: <br />(1) Cost of any evidence of title procured in connection with such <br />sale and of any revenue required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person or persons legally entitled thereto. <br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of <br />Default and a copy of any Notice of Sale provided far herein above be mailed to each such party <br />_g_ <br />