Laserfiche WebLink
201902360 <br />demand for sale. Trustor agrees and hereby grants that the Trustee shall have the power <br />of sale of the Property and if the Beneficiary decides that the Property is to be sold he shall <br />deposit with the Trustee this Deed of Trust and the Note or Notes and any other <br />documents evidencing written notice of default and election to cause the Property to be <br />sold, and Trustee in turn shall prepare a similar notice in the form required by law, which <br />shall be duly filed for record by Trustee. <br />(a) After the lapse of such time as may be required by law following the <br />recordation of Notice of Default, and Notice of Default and Notice of Sale having been <br />given as required by law, Trustee, without demand on Trustor, shall sell the Property in one <br />or more parcels and in such order as Trustee may determine on the date and time and <br />place designated in said Notice of Sale, at public auction to the highest bidder, the <br />purchase price payable at the time of the sale. The person conducting the sale may, for <br />any cause he or she deems 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 by public <br />declaration thereof by such person at the time and place last appointed for the sale; <br />provided, if the sale is postponed for longer than forty-five (45) days beyond the day <br />designated in the Notice of Sale, notice thereof shall be given in the same manner as the <br />original Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed <br />conveying the Property so sold, but without any covenant or warrant, express or implied. <br />The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness <br />thereof. Any person, including without limitation, Beneficiary or Trustee, may purchase at <br />the sale. <br />(b) When the Trustee sells pursuant to the powers herein, the Trustee <br />shall apply the proceeds of the sale to the costs and expenses of exercising this power of <br />sale, including, without limitation, the payment of Trustee's fees incurred, and then to the <br />items in subparagraph (c) in the order there stated. <br />(c) After paying the items specified in subparagraph (b) above, if the sale <br />is by Trustee, or by the proper court, and other costs of foreclosure and sale if the sale is <br />pursuant to judicial foreclosure, then the proceeds of sale shall be applied in the order <br />stated below to the payment of: <br />(1) Attorneys fees and costs of collection; <br />(2) Costs of any evidence of title procured in connection <br />with such sale and of any revenue required to be paid; <br />(3) All obligations secured by this Trust Deed; and, <br />(4) The remainder, if any, to the person legally entitled <br />thereto. <br />6 <br />