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increase the income herefrom or protect the security hereof and, without taking possession <br />of the property, sue for or otherwise collect the rents, issues and profits thereof, including <br />those past due and unpaid, and apply the same, less costs and expenses of operation and <br />collection, including attorney fees, upon any indebtedness secured hereby, all in such order <br />as Beneficiary may determine. The entering upon and taking possession of the trust estate, <br />the collection of such rents, issues and profits and application thereof as aforesaid shall not <br />cure or waive any default or notice of default hereunder or invalidate any act and in <br />response to such default or pursuant to such notice of default and, notwithstanding the <br />continuance in possession of the property or the collection, receipt and application of rents, <br />issues or profits, Trustee or Beneficiary may be entitled to exercise every right provided for <br />in any of the loan instruments or by law upon occurrence of any event of default, including <br />the right to exercise the power of sale; <br />(b) commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, or specifically enforce any of the covenants hereof; <br />(c) deliver to Trustee a written declaration of default and demand for sale, and a <br />written notice of default and election to ca>se Trustors' interest in the property to be sold, <br />which notice Trustee shall cause to be duly filed for record in the official records of the <br />county in which the property is located <br />201301054 <br />12. Foreclosure by Power of Sale. Should Beneficiary elect foreclosure by exercise of the power <br />of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust <br />and the note and such receipts and evidence of expenditures made and secured hereby as Trustee may <br />require, and upon request of the Beneficiary, the Trustee shall file for record, in the Register of Deeds Office <br />in the County where the property is located, a notice of default, setting forth the name of the Trustor, the <br />Book and Page or Document No. of this Deed of Trust as recorded in said Register of Deeds office, the legal <br />description of the above-described real estate and that a breach of an obligation, for which said real estate <br />was conveyed as security, has occurred, and setting forth the nature of such breach and the Trustee's election <br />to sell the real estate to satisfy the obligation; and after the lapse of not less than one (1) month, the Trustee <br />shall give written notice of the time and place of sale which may be between 9:00 a.m. and 5:00 p.m. at the <br />premises, or at the Courthouse in the County wherein such property is located, describing the property to be <br />sold by its legal description, said notice to be published in a newspaper of general circulation in the County <br />wherein such property is located, once a week for five (5) consecutive weeks, the last publication to be at <br />least ten (10) days, but not more than thirty (30) days prior to the sale; and the Trustee shall then sell said <br />property at the time and place designated in the notice, in the manner provided by law in effect at the time <br />of filing said notice, at public auction to the highest bidder for cash and shall deliver to such purchaser a deed <br />to the property sold, consistent with the law in effect at the time. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a Trustee's Deed <br />conveying the property sold. Recitals in the Trustee's deed shall be prima facia evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />reasonable costs and expenses of the sale, including but not limited to, Trustee's fees of not more than two <br />percent (2 %) of the gross sale price, reasonable attorney fees and costs of title evidence; (b) to all sums <br />secured by this Deed of Trust; and (c) the excess, if any,.to the person or persons legally entitled thereto. <br />Any person, including Beneficiary, may purchased'property at said sale. <br />The person conducting the sale may, for any cause he or she deems expedient, postpone the sale from <br />time to time until it shall be completed and, in every such case, notice of postponement shall be given by <br />public declaration thereof by such person at the time and place last appointed for the sale; provided, if the <br />sale is postponed for longer than one (1) day beyond the date designated in the notice of sale, notice thereof <br />shall be given in the same manner as the original notice of sale. <br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce <br />payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and <br />powers under this Deed of Trust or under any loan instrument or other agreement or any laws now or <br />hereafter enforced, notwithstanding some or all of the indebtedness and obligations secured hereby which <br />may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or <br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or <br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect <br />Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee <br />or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce <br />this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in such order <br />and manner as they, or either of them, may in their absolute discretion determine. No remedy herein <br />conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein <br />or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy <br />given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given <br />by any of the loan instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled <br />may be exercised, concurrently or independently, from time to time, and as often as may be deemed <br />expedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein <br />