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48 <br />(b) Bank's Bid. SunTrust may bid and become the purchaser at any sale <br />under this Deed of Trust. In lieu of paying cash therefor, SunTrust may make <br />settlement for the purchase price by crediting against the Obligations the proceeds <br />of sale net of sale expenses, including the Deed of Trust Trustee's commission, and <br />after payment of such taxes and assessments as may be a lien on the Mortgaged <br />Properly superior to the lien of this Deed of Trust (unless the Mortgaged Property <br />is sold subject to such liens and assessments, as provided by law). <br />(c) County's Bid. The County may bid for all or any part or parts of <br />the Mortgaged Property at any foreclosure sale, but the County may not bid less <br />than an amount sufficient to provide for full payment of the Obligations unless <br />SunTrust otherwise consents in writing. <br />(d) Successful bidder's deposit. At any sale the Deed of Trust Trustee <br />may, at its option, require any successful bidder (other than SunTrust) immediately <br />to make a deposit with the Deed of Trust Trustee against the successful bid in. the <br />form of. cash or a certified check in an amount of up to 5% of the sale price. <br />Notice of any such requirement need not be included in the advertisement of the <br />notice of such sale. <br />(e) Application of sale proceeds. The Deed of Trust Trustee will apply <br />the proceeds of any foreclosure sale in the manner and in the order prescribed by <br />State law, it being agreed (i) that the expenses of any such sale will include a <br />commission to the Deed of Trust Trustee equal to one-half of one percent of the <br />gross sales price (but not exceeding a total of $25,000) for all services performed <br />by the Deed of Trust Trustee under this Deed of Trust, and (ii) that any proceeds of <br />any such sale remaining after the payment of all obligations and the prior <br />application thereof in accordance with State law will be paid to the County. <br />5-3 Possession of Mortgaged Property. Upon the continuation of any <br />Event of Default, SunTrust, to the extent permitted by law, is authorized to (a) take <br />possession of the Mortgaged Property, with or without legal action, (b) lease the <br />Mortgaged Property, (c) collect all rents and profits therefrom, with or without <br />taking possession of the Mortgaged Property, and (d) after deducting all costs of <br />collection and administration expenses, apply the net rents and profits to the <br />payment of necessary maintenance and insurance costs, and then apply such <br />amounts to the County's account and in reduction of the Obligations (applying such <br />amounts first to interest accrued and then to installments of principal in the inverse <br />order of their maturity). SunTrust will be liable to account only for rents and <br />profits it actually receives. <br />97561v1 48 <br />