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hereby, the Beneficiary may declare all sums secured immediately due and payable <br />by delivery to Trustee of written declaration of default. The Trustee shall have the <br />power of sale of the Property, and if Beneficiary desires the Property to be sold, it <br />shall deposit with the Trustee this Trust Deed and all Notes and documents <br />evidencing expenditures secured hereby, and shall deliver to Trustee a written <br />notice of default and election to cause the Property to be sold, and the Trustee, in <br />turn, shall prepare a similar notice in the form required by law, which shall be filed <br />for record by the Trustee. (a) After the lapse of such time as may be required by <br />law following the recordation of said Notice of Default, and Notice of Sale of the <br />Property having been given as required by law, Trustee, without demand on <br />Trustor, shall sell the Property on the date and at the time and place set forth in <br />the Notice of Sale, at public auction, to the highest bidder, the purchase price <br />thereof being payable in lawful monies of the United States at the time of the sale. <br />The person conducting the sale may, for any cause it deems expedient, postpone <br />the sale from time to time until it shall be completed and, in every case, notice of <br />postponement shall be given by public declaration thereof by such person at the <br />time and place last appointed for the sale; provided, that if the sale is postponed <br />longer 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. Trustee <br />shall execute and deliver to the purchaser his deed conveying the Property sold, <br />but without covenants or warranty, express or implied. The recitals in the deed of <br />any matters of fact shall be conclusive proof of the truthfulness thereof. Any <br />person, including Beneficiary and Trustee, may purchase at the sale. (b) When the <br />Trustee sells pursuant to the power of sale contained herein, the Trustee shall <br />apply the proceeds of the sale to payment of the cost and expense of exercising the <br />power of sale, including the payment of Trustee's fees actually incurred, and then <br />to the items in subparagraph (c) in the order there stated. (c) After paying the <br />items specified in subparagraph (b) if the sale is by the Trustee, or the proper court <br />and other costs of foreclosure and sale if the sale is pursuant to judicial decree, <br />the proceeds of sale shall be applied in the order stated to the payment of: i) cost <br />of any evidence of title procured in connection with such sale and of any revenue <br />stamps; ii) all sums then secured by senior trust deeds; iii) all sums secured <br />hereby; iv.) all sums then secured by by junior trust deeds, mortgages, and other <br />lienholders; and, v) the remainder, if any, to the person or persons legally entitled <br />thereto. <br />10. Duties and Obligations of Trustee. (a) The duties and obligations of <br />the Trustee shall be determined solely by the express provisions of this Trust Deed, <br />and Trustee shall not be liable except for the performance of such duties and <br />obligations as are specifically set forth herein, and no implied covenants or <br />obligations shall be imposed on Trustee; b) no provision of this Trust Deed shall <br />require Trustee to expend or risk its own funds, or otherwise incur any financial <br />obligation in the performance of its duties hereunder, or in the exercise of any of <br />its powers or duties, if it shall have grounds for believing that repayment of such <br />funds is not reasonably assured to it; c) Trustee may consult with counsel of its <br />own choosing and the advice of such counsel shall be full and complete protection <br />4 <br />20.801580 <br />