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20000908 <br />immediately due and payable by delivery to Trustee of a written declaration of <br />default. If Beneficiary desires said property be sold, it shall deposit with Trustee <br />this Deed of Trust and all Promissory Notes and documents evidencing <br />expenditures secured hereby, and shall deliver to Trustee a written Notice of <br />Default and election to cause said property to be sold in the form required by <br />law, which shall be duly filed for record by the Trustee. Sale and distribution <br />procedure shall be as follows: <br />(1) After the lapse of such time as may be required by law following the <br />recordation of said Notice of Default, and Notice of Sale having been <br />given as required by law, Trustee, without demand on Trustor, shall sell <br />said property on the date and at the time and place designated in said <br />Notice of Sale, at public auction to the highest bidder, the purchase price <br />to be payable in lawful money of the United States at the time of sale. <br />The person conducting the sale may, for any cause he deems expedient, <br />postpone the sale from time to time until it shall be completed, and in <br />every case, notice of postponement shall be given by public declaration <br />thereof by such person at the time and place last appointed for the sale; <br />provided, if the sale is postponed for longer than one day beyond the day <br />designated in the Notice of Sale, notice thereof shall be given in the <br />same manner as the original Notice of Sale. Trustee shall execute and <br />deliver to the purchaser its deed conveying said property so sold, but <br />without any covenant or warranty, express or implied. The recitals in <br />the deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including the Beneficiary, may <br />purchase at the sale. <br />(2) When Trustee sells pursuant to the powers herein, Trustee shall apply <br />the proceeds of sale to the payment of costs and expenses of exercising <br />the power of sale and of the sale, including payment of Trustee's fees <br />actually incurred, which Trustee's fees shall not in the aggregate exceed <br />the following amounts based upon the amount secured hereby and <br />remaining unpaid: 5 percentum on the first $1,000.00 thereof, .05 <br />percentum on the balance thereof; and then to the items in subparagraph <br />(3) in the order there stated. <br />(3) After paying the items specified in subparagraph (2) if the sale is by <br />Trustee or the proper court, and other costs of foreclosure and sale if sale <br />is pursuant to judicial foreclosure, the proceeds of sale shall be applied <br />in the order stated to the payment of- <br />(a) Cost of any evidence of title procured in connection with any <br />conveyance. <br />(b) All sums then secured hereby. <br />(c) The remainder, if any, to the person or persons legally entitled <br />thereto. <br />(4) At any time within three months after a sale of property under this Deed <br />of Trust as hereinabove provided, an action may be commenced to <br />recover any balance due upon the obligation as provided in Section 76- <br />Page 3 of 6 <br />