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2000010� 1 :
<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 wherein 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, prior
<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 /> apply the proceeds of the sale in the following order: (a) to
<br /> all reasonable costs and expenses of the sale, including but not
<br /> limited to, Trustee' s fees of not more than 1.5$ of the gross
<br /> sale price, reasonable attorney fees and costs of title evidence;
<br /> (b) to all sums secured by this Deed of Trust; and (c) the ex-
<br /> cess, if any, to the person or persons legally entitled thereto.
<br /> Any person, including Beneficiary, may purchase said property at
<br /> said sale.
<br /> The person conducting the sale may, for any cause he or she
<br /> deems expedient, postpone the sale from time to time until it
<br /> shall be completed and, in every such case, notice of postpone-
<br /> ment shall be given by public declaration thereof by such person
<br /> at the time and place last appointed for the sale; provided, if
<br /> the sale is postponed for longer than one ( 1) day beyond the date
<br /> designated in the notice of sale, notice thereof shall be given
<br /> in the same manner as the original notice of sale.
<br /> 14. Remedies Not Exclusive. Trustee and Beneficiary, and
<br /> each of them, shall be entitled to enforce payment and perform-
<br /> ance of any indebtedness or obligation secured hereby and to ex-
<br /> ercise all rights and powers under this Deed of Trust or under
<br /> any loan instrument or other agreement or any laws nor or hereaf-
<br /> ter enforced, notwithstanding some or all of the indebtedness and
<br /> obligations secured hereby which may now or hereafter be ot�er-
<br /> wise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of
<br /> Trust nor its enforcement, whether by court action or pursuant to
<br /> the power of sale or other powers herein contained, shall preju-
<br /> dice or in any manner affect Trustee' s or Beneficiary' s right to
<br /> realize upon or enforce any other security now or hereafter held
<br /> by Trustee or Beneficiary, it being agreed that Trustee and Bene-
<br /> ficiary, and each of them, shall be entitled to enforce this Deed
<br /> of Trust and any other security now or hereafter held by the
<br /> Beneficiary or Trustee in such order and manner as they, or ei-
<br /> ther of them, may in their absolute discretion determine. No
<br /> remedy herein conferred upon or reserved to Trustee or Benefici-
<br /> ary is intended to be exclusive of any other remedy herein or by
<br /> law provided or permitted, but each shall be cumulative and shall ,
<br /> be in addition to every other remedy given hereunder or now or
<br /> hereafter existing at law or in equity or by statute. Every
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