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200000134 <br /> without taking possession of the property, <br /> sue for or otherwise collect the rents, is- <br /> sues and profits thereof, including those <br /> past due and unpaid, and apply the same, less <br /> costs and expenses of operation and collec- <br /> tion, including attorney fees, upon any in- <br /> debtedness secured hereby, all in such order <br /> as Beneficiary may determine. The entering <br /> upon and taking possession of the trust es- <br /> tate, the collection of such rents, issues <br /> and profits and application thereof as afore- <br /> said shall not cure or waive any default or <br /> notice of default hereunder or invalidate any <br /> act and in response to such default or pursu- <br /> ant to such notice of default and, notwith- <br /> standing the continuance in possession of the <br /> property or the collection, receipt and ap- <br /> plication of rents, issues or profits, Trus- <br /> tee or Beneficiary may be entitled to exer- <br /> cise every right provided for in any of the <br /> loan instruments or by law upon occurrence of <br /> any event of default, including the right to <br /> exercise the power of sale; <br /> (b) commence on action to foreclose <br /> this Deed of Trust as a mortgage, appoint a <br /> receiver, or specifically enforce any of the <br /> covenants hereof; <br /> (c) deliver to Trustee a written decla- <br /> ration of default and demand for sale, and a <br /> written notice of default and election to <br /> cause Trustor' s interest in the property to <br /> be sold, which notice Trustee shall cause to <br /> be duly filed for record in the official rec- <br /> ords of the county in which the property is <br /> located. <br /> 13. Foreclosure by Power of Sale. Should Beneficiary elect <br /> to foreclose by exercise of the power of sale herein contained, <br /> Beneficiary shall notify Trustee and shall deposit with Trustee <br /> this Deed of Trust and the note and such receipts and evidence of <br /> expenditures made and secured hereby as Trustee may require, and <br /> upon request of the Beneficiary, the Trustee shall file for rec- <br /> ord, in the Register of Deeds office in the County where the <br /> property is located, a notice of default, setting forth the name <br /> of the Trustor, the Book and Page or pocument No. of this Deed of <br /> Trust as recorded in said Register of Deeds office, the legal de- <br /> scription of the above-described real estate and that a breach of <br /> an obligation, for which said real estate was conveyed as secu- <br /> rity, has occurred, and setting forth the nature of such breach <br /> and the Trustee' s election to sell the real estate to satisfy the <br /> obligation; and after the lapse of not less than one ( 1) month, <br /> the Trustee shall give written notice of the time and place of <br /> sale which may be between 9:00 a.m. and 5:00 p.m. at the prem- <br /> ises, or at the Courthouse in the County wherei.n such property is <br /> located, describing the property to be sold by its legal descrip- <br /> tion, said notice to be published in a newspaper of general cir- <br /> culation in the County wherein such property is located, once a <br /> week for five (5) consecutive weeks, the last publication to be <br /> at least ten ( 10) days, but not more than thirty (30) days, pr�or <br /> to the sale; and the Trustee shall then sell said property at the <br /> time and place designated in the notice, in the manner provided <br /> by law in effect at the time of filing said notice, at public <br /> auction to the highest bidder for cash and shall deliver to such <br /> purchaser a deed to the property sold, consistent with the law in <br /> effect at the time. <br /> Upon receipt of payment of the price bid, Trustee shall de- <br /> liver to the purchaser, Trustee' s deed conveying the property <br /> sold. Recitals in the Trustee' s deed shall be prima facie evi- <br /> dence of the truth of the statements made therein. Trustee shall <br /> 4 <br />