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�_ <br />� �. .;� <br /> a � . . . . . � . � . . i � /x'��► <br /> xF � � � <br /> A: <br />� � ' <br /> 76- 0053Q5 <br /> : -4- <br /> 12 . Acceleration ; Remedies ; Sale . Upon default by Trustor in the payment of <br /> a ( any indebtednesa secured hereby or in the performance of any agreement hereunder , <br /> Beneficiary may declare all sums secured herehy immediately due and payable by <br /> delivery to Trustee of written declaration of default . The Trustee aha11 have <br /> the power of sale of the Property and if Beneficiary desires the Property to be <br /> sold , it shall deposit with Trustee this Trust Deed and all promissory notes and <br /> - documents evidencing expenditures secured hereby , and shall deliver to Trustee <br /> a written notice of defaulr and election to cause the Property to be sold , and <br /> the Truatee in turn shall prepare a similar Notice in the form required by law , <br /> which shall be duly filed for record by 'Prustee . <br /> ;i (a) After the lapse of such time as may be required by law following the : <br /> recordation of said notice of default , and notice of default and notice <br /> of sale having been given as required by law , Trustee , without demand on <br /> Trustor , shall sell the Property on the date and at the time and place <br /> designated in said notice of sale , at public auction to the highest <br /> bidder , the purchase price payable in lawful money of the United States <br /> at the time of sale . The person conducting the sale may , for any cause <br /> � he deems expedient , postpone the sale from time to time until it sha11 , <br /> be completed and , . in every such case , notice of postponement shall be <br /> given by public declaration thereof by such person at the time and place <br /> last appointed for the sale ; provided , if the sale is postponed for longer <br /> than one (1) day beyond the day designated in the notice of sale , notice <br /> �`' ,' thereof shall be given in the same manner as the original notice of sale . <br /> �;; : ' Trustee shall execute and deliver to the purchaser its Deed conveying <br /> the Property so sold , but without any covenunt or warranty , express , or <br /> implied . The recitals in the Deed of any matters or facts shall . be con- <br /> clusive proof of the truthfulness thereof . Any person , including Bene- <br /> ficiary , may purchase at the sale . <br /> (b ) When Trustee sells pursuant to the powers herein , the Trustee shall apply <br /> ; : <br /> the proceeds of the sale to payment of the costs and expenses of exer- <br /> i', cising the power of sale and of the sale , including the payment of the <br /> ' ' Trustee ' s Fees actually incurred , which Trustee ' s tees shall not in the <br /> � ' aggregate exceed the following amounts based upon the amount secured <br /> hereby and remaining unpaid : 5 percentum on the first $ 1 , 000 thereof , <br /> . 05 percentum on the balance thereof ; and then to the items in subpara- <br /> R graph (c ) in the order there stated . <br /> :: ' <br /> 4 <br /> �: , (c ) After paying the items specified in subparagraph (b ) if the sale is by <br /> Trustee , or the proper court and other costs of foreclosure and sale if <br /> �' the sale is pursuant to judicial foreclosure , the proceeds of sale shall <br /> t <br /> be applied in the order stated to the payment of : <br /> s <br /> ( i ) Cost of any evidence of title procured in con- <br /> nection with such sale and of any revenue stamps ; <br /> � ` ( ii) All sums then secured hereby ; <br /> i' `:. <br /> ( iii) The remainder , if any , to the person legally <br /> entitled thereto . <br /> 13 . Duties and Obli�ations of Trustee . (a) The duties and obligations of Trustee <br /> �. : shall be determined solely by the express provisions of this Trust Deed and Trustee <br /> shall not be liable except for the performance of such duties and obligations as <br /> � are specifically set forth herein , and no implied covenants or obligations shall <br /> be imposed upon Trustee ; (b ) No provision of this Trust Deed shall require Trustee <br /> , to expend or risk its own funds , or otherwise incur any financial obligation in <br /> the performance of any of its duties hereunder , or in the exercise of any of its <br /> right or powers , if it shall have grounds for believing that the repayment of <br /> .,�, � <br /> '`i,� <br /> �N , <br /> � • � <br /> h - � ,. . <br />� ; !q ' <br /> L(Y <br />� ` <br />�c - <br />� , <br />'� �. . <br />.5 .— � <br />� _ . _ <br /> . h <br /> � <br />