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20110906v portion thereof shall be sufficient to require said tenant to pay said rent to Beneficiary until further notice. FOURTH. If there shall be filed by or against the Trustor any petition or proceeding seeking any arrangement or composition or extension of any other relief under or pursuant to the Federal Bankruptcy Code or any other similar statute as is now or hereafter in effect, or if the Trustor shall be adjudicated bankrupt or insolvent or any of Trustor's property shall have been sequestered and such decree shall have continued undischarged and unstayed for 9 0 days af ter the entry thereof , then the whole of the Note and indebtedness hereby secured shall, without notice, at the option of the Beneficiary, become due and payable. FIFTH. Upon default by Trustor in the payment of or perfor- mance of the terms and conditions of the Note, or any renewals, modifications or executions thereof, the payment of any other indebtedness secured hereby or in the performance of any agreement, covenant or warranty herein contained or set forth in any agreement or instrument executed by Trustor in connection with the indebted- ness hereby secured, Beneficiary may declare all sums secured hereby immediately due and payable and the same shall thereupon become due and payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to Trustee a written declaration of default and demand for sale. Trustee shall have the power of sale of the Property and if Beneficiary decides the Property is to be sold, it shall deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of default and election to cause the Property to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be duly filed for record by Trustee. (a) After the lapse of such time as may be required by law following the recordation of Notice of Default, and notice of Default and Notice of Sale having been given as required by law, Trustee, without demand on Trustor, shall sell the Property hereinbefore described, and any and every part thereof, in separate parcels or en masse as the Trustee may elect and in such order as Trustee may determine on the date and at the time and place designated in said Notice of Sale, at public auction to the highest bidder, the purchase price payable in cash in lawful money of the United States at the time of sale. The person conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every such. case, notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the same manner as the original Notice of sale. Trustee shall execute and deliver to the purchaser its Deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclu- sive proof of the truthfulness thereof. Any person, including without limitation, Beneficiary or Trustee may purchase at the sale . Said sale shall be conducted at th.e real estate forming a part of the Property or at the court house in the county in which the Property to be sold, or some part thereof, is situated. (b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payment of the costs and expenses of exercising the power of sale and of the sale, including, without limitation, the payment of Trustee's fees incurred, which Trustee's fees shall not in the aggregate exceed the sum of Five Hundred and no/100th Dollars ($500.00) plus 1/2 of 1% of the amount secured hereby and remaining unpaid and then to the items set forth in subparagraph (c) of this paragraph FIFTH in the order therein stated.