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201306584 <br />which notice Trustee shall cause to be duly filed for record in the appropriate Official Records of <br />the County in which the Trust Estate is located. <br />(d) In the event of default in payment of principal or interest after that 60 day grace <br />period from due date has elapsed, Beneficiary may, without further notice proceed with <br />acceleration, foreclosure, power of sale, and any additional remedies available to Beneficiary as <br />stated in Paragraphs 9, 10, and 11 of this Deed of Trust. <br />10. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose <br />by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall <br />deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of <br />expenditures made and secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, <br />published and delivered to Trustor such Notice of Default and Notice of Sale as then required by <br />law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may <br />then be required by law and after recording such Notice of Default and after Notice of Sale having <br />been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such <br />Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem <br />expedient, and in such order as it may determine, at public auction to the highest bidder for cash, in <br />lawful money of the United States, payable at the time of sale. Trustee shall deliver to such <br />purchaser or purchasers thereof, its good and sufficient deed or deeds, conveying the property so <br />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, <br />without limitation, Trustor, Trustee, and Beneficiary, may purchase at such sale, and Trustor <br />hereby covenants to warrant and defend the title of such purchaser or purchasers. <br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and <br />of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the <br />proceeds of sale to payment of (i) all sums expended under the terms hereof, not then repaid, with <br />accrued interest at five (5 %) percent per annum, (ii) all other sums then secured hereby, and (iii) <br />the remainder, if any, to the person or persons legally entitled thereto. <br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of <br />the Trust Estate. <br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, <br />shall be entitled to enforce payment and performance of any indebtedness or obligations secured <br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument <br />or other agreement or any laws now or hereafter in force, notwithstanding some or all of the such <br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this <br />Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other <br />powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to <br />realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being <br />agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of <br />Trust and any other security now or hereafter held by Beneficiary or Trustee, in such order and <br />4 <br />