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• t a <br />a♦ <br />— <br />.00"07104912 <br />given-in the same,manner as:the original Notice o€ Sale. <br />' TRUSTEE `shall' execute and deliver .to. sthe purchaser' his • ' <br />Deed, conveying said property so sold, but without any <br />covgnant.or warranty, express or implied. The recitals <br />' <br />n the Deed of any matters or facts; .shall I. be conclusive <br />; <br />proof of the -truthfulness tliereof.' Any person, Including <br />` <br />;BENEFICIARIES, may purchase at the sale. TRUSTOR hereby <br />covenants to warrant and defend the title of the above <br />property to purchaser at sale. ' <br />- D. When the TRUSTEE sells 'the trust property pursuant to 'the <br />_ powers - granted herein, the TRUSTEE shall apply the proceeds <br />from the sale' 'of, such property ' . in the following order of <br />priority: - <br />(1) To the cost and expense of exercising the power of -sale <br />and of the sale, including attorney, fees,' evidence of <br />`•' title and other sale expenses, and'a trustee's fee not to <br />exceed three.percent.'(31)of the gross sale.price= <br />(2) To the payment of the obligation. secured by this Deed of <br />Trust and Trust Deed Mote; <br />(3) To.the payment of junior Trust Deeds, mortgages, or other <br />�..- - - lienholders; -- <br />.(4) The balance, if any, -to the person or persons legally <br />entitled thereto. <br />E. Upon the occurrence of any default hereunder, BENEFICIARIES <br />shall have, in addition to such other options as may be <br />granted herein, the further option to foreclose this Deed of <br />r -ry <br />Trust in the manner provided by law for foreclosures of <br />-- <br />mortgages on real property. <br />F. BENEFICIARIES may from time.to time substitute a successor or <br />i_ successors to any TRUSTEE named herein or acting hereunder. Upon <br />such appointment, and without conveyance to the successor TRUSTEE, <br />i the latter shall be vested with all title, powers, and duties <br />conferred upon any TRUSTEE herein named or acting hereunder. Each <br />such. appointment and substitution shall be made by written <br />instrument and executed by BENEFICIARIES, containing reference to <br />this need of .Trust• and its place of record, which, when recorded <br />in the' office of the Register of Deeds of the county or counties <br />-in which said property is situated, shall be conclusive proof of <br />proper appointmentJaf the successor" TRUSTEE.' The foregoing power <br />of substitution and the procedure therefor shall not be exclusive <br />of the power and procedure provided for by law for the <br />substitution of a, TRUSTEE in the place of the TRUSTEE. named <br />herein. <br />G. TRUSTORS ' covenant' and agree that upon any attempted <br />conveyance,` assignment, pledge or transfer of any of their <br />interest in the premises during the term of the loan secured <br />hereby, the BENEFICIARIES shall have the option of declaring <br />the unpaid balance immediately due and payable, and if said <br />sum remains unpaid for twenty (20) days thereafter, <br />BENEFICIARIES can cause Notice of Default to.be given and the <br />premises be sold as provided herein. <br />H. As additional and collateral security for the loan, and <br />effective forthwith upon filing of a Notice of Default, this <br />instrument shall serve as an assignment by the TRUSTORS to the <br />j <br />TRUSTEE,, of all rents and revenues resulting from. the <br />property, and TRUSTEE it authorized to take <br />take possession of the <br />property, rent or lease the, same on terms he deems best and <br />to collect the. rents and revenues and apply the. same upon <br />unpaid interest, principal, taxes or insurance premiums or for <br />maintenance and preservation of the premises. <br />. <br />I. The waiver by TRUSTEE or BENEFICIARIES of any default of <br />n <br />TRUSTORS under this Deed of Trust, on one occasion, shall not <br />bp or be deemed to, be a waiver, of any other or similar,. <br />defaults subsequently occurring. <br />J. if title to any part. of,the property herein shall' be taken in <br />condemnation_ proceedings, by right of eminent domain, or. <br />- 3 ' <br />