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(11) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,
<br />Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of
<br />default and demand for sale and of written notice of default and election to cause to be sold said property, which notice Trustee
<br />shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing
<br />expenditures secured hereby.
<br />After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of
<br />sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place
<br />fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction
<br />to the highest bidder for cash of lawful money or the United States, payable at time of sale Trustee may postpone sale of all or
<br />any portion of said property by public announcement a[ such time and place of sale, and from time to time thereafter may postpone
<br />such sale by public announcement at the time fixed by the proceeding postponement. Trustee shall deliver to such purchaser its
<br />deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any
<br />matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as
<br />hereinafter defined, may purchase at such sale.
<br />Aker deducting all costs, fees, and expenses of Trustee and of this Trust, including cost of evidence of title in connection
<br />with sale, Trustee shall apply the proceeds of sale to payment of; all sums expended under the terms hereof, not then repaid, with
<br />accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder,
<br />if any, to the person or persons legally entitled thereto
<br />(12) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in
<br />writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the
<br />Beneficiary and duly acknowledged and recorded in the office of the recorded of the county or counties where said property is
<br />situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance
<br />from the Trustee predecessor, succeed to its title, estate, rights, powers, and duties. Said instrument must contain the name of the
<br />original Trustor, Trustee, and Beneficiary hereunder, the book and pages where this Deed is recorded and the name and address
<br />of the new Trustee.
<br />(13) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators,
<br />executors, successors, and assigns. The term Beneficiary shall mean the owner and holder, including pledges, of the note secured
<br />hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes
<br />the feminine and/or neuter, and the singular number includes the plural
<br />(14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by
<br />law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding
<br />in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee.
<br />INITIAL
<br />FD -21B (Rev. 4/94) SHORT FORM DEED OF TRUST Page No. 5 of 6
<br />ATTY/AG R/2018.027.3/M I DPEN MOSAIC GARDENS (ATHERTON COURT) DEED OF TRUST
<br />REV: 02-22-18 JS
<br />Page 5 of 8
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