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200001985 <br />ability of the property, or part thereof or <br />interest therein, increase the income there- <br />from or protect the security hereof, and, <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 Document 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 />4 <br />