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201 205089 <br />1. On receipt of such notice from BENEFICIARY, Trustee shall cause to be recorded, <br />published and delivered to TRUSTOR such notice of default as then required by law and <br />by this Deed of Trust. Trustee shall, without demand on TRUSTOR, after such time as <br />may then be required by law and after recording of such notice of default and publishing <br />notice of sale, all as required by law, sell the Properly at the time and place of sale fixed <br />by Trustee in such notice of sale, either as a whole or in separate lots, parcels or items as <br />Trustee shall deem expedient, and in such order as Trustee may determine, at public <br />auction to the highest bidder for cash or in lawful money of the United States, or certified <br />or cashier's check, payable at the time of sale; or as otherwise may be provided in the <br />published notice of sale. Trustee shall deliver to such purchaser, or purchasers thereof, <br />Trustee's good and sufficient deed conveying the Property so sold, but without any <br />covenant or warranty, express or implied. The recitals in such deed of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. An� person including, without <br />limitation, TRUSTOR, Trustee or BENEFICIARY, may purchase at such sale and <br />TRUSTOR hereby covenants to warrant and defend the title of such purchaser or <br />purch�sers; <br />2. As may be pernutted by law, after deducting all costs, fees and expenses of Trustee and of <br />this DEED OF TRUST incurred in connection with any such default or sale or <br />foreclosure, or all of them, including costs of evidence of title in connection with a <br />defau�t or sale, a Trustee's fee and an attorney's fee, as provided by law, or provided by <br />paragraph "22. Trustee's Fee & Attorney's Ree". Also, any attorr�ey's fees incurred by <br />the Trustee. shall be paid, whether such fees were incurred addressing a default or using <br />the Power of Sale. Trustee shall apply the proceeds of sale to payment of: <br />i. All sums expended under the terms hereof not then repaid with accrued <br />interest at the default rate provided in the Note, <br />ii. All other sums then secured hereby, and <br />iii. The remainder, if any, to the person or persons legally entitled thereto; <br />3. Trustee may, in any manner provided by law, or as referenced in the published notice of <br />sale, postpone sale of all or any portion of the Property. <br />M. BENEFICIARY may from time to time substitute a successor or successors to any <br />TRUSTEE named herein or acting hereunder. Upon such appointment, and without conveyance to <br />the successor TRUSTEE, the latter shall be vested with all title, powers, and duties conferred upon <br />any TRUSTEE herein named or acting hereu.nder. Each such appointment and substitution sha11 be <br />made by written instrument and executed by BENEFICIARY, containing reference to this Deed of <br />Trust and its place. of record, which, when recorded in the office of t�ie Register of Deeds of the <br />county or counties in which said properiy is situated, shall be conclusive proof of proper <br />appointment of the successor TRUSTEE. The foregoing power of substitution and the procedure <br />therefore sha11 not be exclusive of the power and procedure provided for by law for the substitution <br />of a TRUSTEE in the place of the TRUST'EE named herein. <br />N. TRUSTORS covenant and agree that upon any attempted conveyance, assignment, pledge <br />or transfer of any of his interest in the premises during the term of the loan secured hereby, the <br />BENEFICIARIES shall have the option of declaring the u.npaid balance ,unmediately due and <br />payable, and if said sum remains unpaid for fifteen (15) days thereafter, BENEFICIARY can cause <br />Notice of Default to be given and the premises be sold as provided herein. <br />O. Assignment of Rents: As additional security, TRUSTOR hereby assigns to <br />BENEFICIARY the rents of the Properiy, provided that TRUSTOR shall, prior to acceleration <br />hereunder or abandonment of the Property, have the right to collect and retain such rents as they <br />become due and payable. On acceleration as provided hereunder or TRUSTOR's abandonment <br />of the Property; BENEFICIARY, in person or by agent or by a judicially appointed receiver, shall <br />be entitled to enter upon, take possession of and manage the Property and collect the rents and <br />products of the Property. All rents and products collected by BENEFICIARY or the receiver <br />shall be applied first to payment of costs of managing the Property and collection of rents and <br />products, including, but not limited to, receiver's fees, premiums on receiver's and applicant's <br />� <br />