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200105719
<br />Office in the County where the property is located, a notice of default,
<br />setting forth the name of the Trustor, the Book and Page or Document No.
<br />of this Deed of Trust as recorded in said Register of Deeds office, the
<br />legal description of the above - described real estate and that a breach
<br />of an obligation, for which said real estate was conveyed as security,
<br />has occurred, and setting forth the nature of such breach and the
<br />Trustee's election to sell the real estate to satisfy the obligation; and
<br />after the lapse of not less than one (1) month, the Trustee shall give
<br />written notice of the time and place of sale which may be between 9:00
<br />a.m. and 5:00 p.m. at the premises, or at the Courthouse in the County
<br />wherein such property is located, describing the property to be sold by
<br />its legal description, said notice to be published in a newspaper of
<br />general circulation in the County wherein such property is located, once
<br />a week for five (5) consecutive weeks, the last publication to be at
<br />least ten (10) days, but not more than thirty (30) days prior to the
<br />sale; and the Trustee shall then sell said property at the time and place
<br />designated in the notice, in the manner provided by law in effect at the
<br />time of filing said notice, at public auction to the highest bidder for
<br />cash and shall deliver to such purchaser a deed to the property sold,
<br />consistent with the law in effect at the time.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to
<br />the purchaser a Trustee's Deed conveying the property sold. Recitals in
<br />the Trustee's deed shall be prima facia evidence of the truth of the
<br />statements made therein. Trustee shall apply the proceeds of the sale
<br />in the following order: (a) to all reasonable costs and expenses of the
<br />sale, including but not limited to, Trustee's fees of not more than two
<br />percent (20) of the gross sale price, reasonable attorney fees and costs
<br />of title evidence; (b) to all sums secured by this Deed of Trust; and (c)
<br />the excess, if any, to the person or persons legally entitled thereto.
<br />Any person, including Beneficiary, may purchase said property at said
<br />sale.
<br />The person conducting the sale may, for any cause he or she deems
<br />expedient, postpone the sale from time to time until it shall be
<br />completed and, in every such case, notice of postponement shall be given
<br />by public declaration thereof by such person at the time and place last
<br />appointed for the sale; provided, if the sale is postponed for longer
<br />than one (1) day beyond the date designated in the notice of sale, notice
<br />thereof shall be given in the same manner as the original notice of sale.
<br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of
<br />them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligation secured hereby and to exercise all rights and
<br />powers under this Deed of Trust or under any loan instrument or other
<br />agreement or any laws now or hereafter enforced, notwithstanding some or
<br />all of the indebtedness and obligations secured hereby which may now or
<br />hereafter be otherwise secured, whether by mortgage, deed of trust,
<br />pledge, lien, assignment or otherwise. Neither the acceptance of this
<br />Deed of Trust nor its enforcement, whether by court action or pursuant
<br />to the power of sale or other powers herein contained, shall prejudice
<br />or in any manner affect Trustee's or Beneficiary's right to realize upon
<br />or enforce any other security now or hereafter held by Trustee or
<br />Beneficiary, it being agreed that Trustee and Beneficiary, and each of
<br />them, shall be entitled to enforce this Deed of Trust and any other
<br />security now or hereafter held by the Beneficiary or Trustee in such
<br />order and manner as they, or either of them, may in their absolute
<br />discretion determine. No remedy herein conferred upon or reserved to
<br />Trustee or Beneficiary is intended to be exclusive of any other remedy
<br />herein or by law provided or permitted, but each shall be cumulative and
<br />shall be in addition to every other remedy given hereunder or now or
<br />hereafter existing at law or in equity or by statute. Every power or
<br />remedy given by any of the loan instruments to Trustee or Beneficiary or
<br />to which either of them may be otherwise entitled may be exercised,
<br />concurrently or independently, from time to time, and as often as may be
<br />deemed expedient by Trustee or Beneficiary, and either of them may pursue
<br />inconsistent remedies. Nothing herein shall be construed as prohibiting
<br />Beneficiary from seeking a deficiency judgment against Trustor to the
<br />extent such action is permitted by law.
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