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2oioo9s59 Beneficiary, become due and payable. FIFTH. Upon default by Trustor in th� payment of or performance of the terms and canditions af the No�e, or any renewals, madifications or executions tihereof, the payment of any other indebtedness secured hereby or in �he performance af any agreement, covenant ar warranty herein cantained or s�� forth in any agreemen� ar instrument execu�ed by Trustor in conn�c�ion wi�h the indebtedness hereby secured, Beneficiary may declare all sums secured her�by immediately due and payabl� and the same shall th�reupon become due and payable without presentment, demand, protes� or notice of any kind. Th�reafter, Beneficiary may deliver to Trustee a written d�claration ot de�aul� and demand �or sale. Trustee shall have the power of sale of the Property and if Beneficiary decides th� Property is t� be sold, it shall deposi� with Trus��e this Deed of Trust and the Note or notes and any oth�r documents evidencing expendi�ures �ecured hereby, and shall deliver to Tru�te� a written na�ice of de�ault and �lection to cause the Property to b� so�d, and Trustee, in turn, shall prepare a similar notice in the form requi�ed by law, which shall be duly filed tor record by Trustee. (a) Atter the lapse of such �ime as may be required by 1aw follawing the recordation of Notice of Defaul�, and notic� af Default and Notice of Sale having been giv�n as requir�d by law, Trus�ee, without demand on Trustor, shall se1� the Property hereinbefore described, and any and �very part thereof, in separate parcels or �n masse a� the Trustee may �lect a�d in such order as Truste� may determine on the date and at the �ime and place designated in said Notice of Sale, at public auction to the highest bidder, the purchase price payable in cash in lawful maney ot the United States at the tim� of sale. The person conduc�ing the sale may, for any cause he ar she deems expedien�, postpon� �he sale trom time to �ime until it sha11 be completed and, in every such case, notice of postponement shall be given by public declaration �hereof by such persan at the time and plac� last appoin�ed for the sale; pravided, if tha sale is postp�ned for longer than one (�) day beyond the day designated in the Natice of Sale, notic� thereaf shall be given in �he same manner as the �riginal Notice of sale. Trustee shall execut� and deli�er to the purchaser its Deed conveying the property so sold, but wi�hou� any cov�nant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of �he truthfulness �hereof. Any person, including without limitation, Beneficiary or Trustee may purchase a� the sale. Said sale shall be conducted a� the real estate forming a part of the Property or at the court house in the county in which �he Property to be sold, or some part thereof, is si�uated. (b) when Trus�ee ae11s pursuant to the powers herein, Trustee shall apply the proceeds o� the sale to paymen� of the costs and expens�s af ex�rcising the powe� of sale and of �he sale, including, without limitation, the payment of Trustee's f�es incurred, which T�uste�'s tees shal� not in the aggrega�e exceed the sum of Five Hundred and no/l0�th Do�lars ($500.00) plus 1/2 of 1� of the amount secured hereby and �emaining unpaid and then to the items s�t �orth �n subparagraph (c) of this paragraph FIFTH in th� order therein stated. (c) Afte� paying the items specified in subparagraph (b) of this paragraph FIFTH, i� the sale is by Trustiee, or the proper court and other costs of foreclasure and sale if sale is pursuan� ta judicial foreclosure, the proceeds af sale sha11 be applied in the arder stated be�ow to the payment: (1) Cost of any evidence ot title procured in connection with such sale and of any revenue required to be paid; (2) Al1 sums th�n secured hereby; (3) The remainder, if any, �o the person or persons legally en�itled th�reto. Each of the parties to this Deed of Trust he�eby requests that a copy of any Notice of Default and a copy af any Notice of Sale provided for hereinabove be mailed to each such party at the party's past office address set forth herein. Upon the occurrence of any default hereunder, Seneficiary shall have the option to foreclose this Deed of Trust in the manner provided by law for