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1,17
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<br />.90- 10494
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<br />'or notice of default Hereunder or invalidate ,
<br />any act and in response to such default or
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<br />pursuant to, such notice-'of default ands_ not-
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<br />the °continuance in possession of withstanding-
<br />the Property or the boLlection, receipt and
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<br />application' of rents, issues • or profits,
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<br />Trustee or- Beneficiary may be entitled to
<br />exerciee every .right provided for in' any. of
<br />the loan instruments or by law upon occurrence
<br />'of any -event of default, including, the right '; - -- - - '
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<br />to, exercise the pouter of sale;
<br />(b) commence an action to foreclose
<br />this Deed of Trust as a mortgage, appoint a
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<br />- receiver, - -or- specifically, enforce any of the
<br />covenants hereof;
<br />(c) deliver to Trustee a written
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<br />declaration of default,.and demand for sale,
<br />and a written notice of default and election
<br />to cause Trustoe's interest in the property
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<br />to be sold,-which notice Trustee shall cause_
<br />to be duly filed for record in the official
<br />records of the county in which the property
<br />is located.
<br />12. Foreclosure by Power of Sale. Should Beneficiary elect
<br />to foreclose by exercise of the power of sale herein contained,
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<br />Beneficiary shall notify Trustee and shall deposit with .Trustee
<br />this -Deed of Trust and the note and such receipts and evidence of
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<br />expenditures made and secured hereby as Trustee may require, and
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<br />upon request of the Beneficiary, the Trustee shall -file for
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<br />record, in the Register of Deeds office in the County where the
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<br />property is located, .a notice of default, setting forth the name
<br />of the Trustor, the Book and Page or Document No. of this Deed of
<br />Trust as recorded in said Register of Deeds office, the legal
<br />description of the above- described real estate and that a breach
<br />of an obligation, for which said real estate was conveyed as
<br />security, has occurred, and setting forth the nature of such
<br />breach and the Trustee's election to sell the real estate to
<br />satisfy the obligation; and after the lapse of not less than one
<br />(1) month, the Trustee shall give written notice of the time and
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<br />place of sale which may be between 9:00 a.m. and •5 p.m. at the
<br />premises, or at the Courthouse in the County wherein such
<br />property is located, describing the property to be sold by its
<br />legal description, said notice to be published in a newspaper of
<br />general circulation in the County wherein such property is
<br />located, once a week for five (5) consecutive weeks, the last
<br />publication to be at least ten (10) days, but not more than
<br />thirty (30) days, prior to the sale; and the Trustee shall then
<br />sell said property at the time and place designated in the
<br />notice, in the manner.provided by law in effect at the time of
<br />filing said notice, at public auction to the highest bidder for
<br />cash and shall deliver to such purchaser a deed to the property
<br />sold, consistent with the law in effect at the time.
<br />Upon receipt of payment of the price bid, Trustee shall
<br />deliver to the purchaser, Trustee's deed conveying the property
<br />sold. Recitals in the Trustee's deed shall be prima facie evi-
<br />dende of the truth of the statements made therein. Trustee shall
<br />apply the proceeds of , the sale i.;t the €021o::issg order: !a0 to
<br />all reasonable costs and,expenses of the.sale, including but not
<br />limited. to, Trustee '.s fees 'of not more than 1, 5% of the gross
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<br />Suit p %£$r ss:�:ii::Fi:: a =� �i� =`•' �" °e- �n�i r-"O *C ^f #.i,#-7p ovidence`--
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<br />(b) to all sutras secured -by this Deed of Trust; and (c) the
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<br />excess, if any, to the person or persons legally entitled
<br />thereto. Any person, including Beneficiary, may purchase said
<br />property at said sale.
<br />The person conducting the sale, tray, for any cause he or she
<br />�. . r m � t tj t i let_`' F�; t :c t
<br />deem expedient , po�tpc�.3e . the � -�. to f c . ar - -:
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<br />shall be CfifllEtf} aid, in C,- -r � a ,,ac-i nt,t
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