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200106192 copies of such notice in the manner prescribed by applicable law to Trustor and to other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of the sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Trustor, shall sell such Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property in accordance with the provisions of applicable law. Trustee, Beneficiary, or their designee, may purchase at any such sale. Upon receipt of the price bid, Trustee shall deliver to the purchaser a Trustee's deed conveying the Property that is sold. The recitals in the deed of any matter of fact shall constitute prima facie evidence thereof and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value and without notice. (b) Should Beneficiary elect to cause the disposal of any of the Property subject to the Security Agreement in Section 1.06, it may dispose of any part thereof in any manner now or hereafter permitted by the Uniform Commercial Code of the Governing Jurisdiction or in accordance with any other remedy provided by law. Any such disposition may be conducted by an employee or agent of Beneficiary or Trustee. Both Trustee and Beneficiary shall be eligible to purchase any part or all of such Property at any such disposition. Any such disposition may be either public or private as Beneficiary may elect, subject to the provisions of the Uniform Commercial Code of the Governing Jurisdiction. Beneficiary shall have all of the rights and remedies of a secured party under the Uniform Commercial Code of the Governing Jurisdiction. Expenses of retaking, holding, preparing for sale, selling or the like shall include Beneficiary's reasonable attorneys' fees and legal expenses, and upon such default, Trustor, upon demand of Beneficiary, shall assemble such Property and make it available to Beneficiary at the Premises, a place which is hereby deemed reasonably convenient to Beneficiary and Trustor. (c) Trustor hereby expressly, waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. 3.04 Proceeds. Unless otherwise provided by law, the proceeds of any sale made, and all sums recovered under this Article III, together with all other sums held by Trustee or Beneficiary under this Deed of Trust, shall be applied in the following order: (a) to the extent allowable under the laws of the Governing Jurisdiction, to all costs and expenses incurred in connection with the sale or sales and any judicial proceedings, including, but not limited to, all reasonable Trustee's and attorney's fees and expenses, and the costs of any title evidence; (b) to the repayment of all sums expended by Trustee or Beneficiary in accordance with the terms of this Deed of Trust; (c) to the payment of all sums then owing under the open account of Dreisbach's to Beneficiary; and (d) the remainder, if any, to the person or persons legally entitled thereto. 383934.1 -7-