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200009893 <br />17. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise <br />of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall <br />deposit with Trustee this Deed of Trust and the Note and such other documents, <br />instruments, receipts and evidence of expenditures made and secured hereby as <br />Trustee may require. <br />(a) On receipt of such notice from Beneficiary, Trustee shall cause to be <br />recorded, published and delivered such notice of default and notice of <br />sale as then required by law and by this Deed of Trust. Trustee shall, <br />without demand on Trustor, after such time as may then be required by <br />law and after recording of such notice of default and notice of sale, sell <br />the Premises at the time and place of sale fixed by Trustee in such notice <br />of sale, either as a whole or in separate lots, parcels or items as Trustee <br />shall deem expedient, and in such order as Trustee may determine, at <br />public auction to the highest bidder for cash in lawful money of the United <br />States, or certified or cashier's check, payable at the time of sale. Trustee <br />shall deliver to such purchaser or purchasers thereof Trustee's good and <br />sufficient deed conveying the Premises so sold, but without any covenant <br />or warranty, express or implied. The recitals in such deed of any matters <br />or facts shall be conclusive proof of the truthfulness thereof. Any person <br />including, without limitation, Trustor, Trustee or Beneficiary, may purchase <br />at such sale and Trustor hereby covenants to warrant and defend the title <br />of such purchaser or purchasers. <br />(b) Trustee shall apply the proceeds of sale to the extent available in the <br />following order: <br />To the costs and expenses of exercising the power of sale and of <br />the sale, including the payment of Trustee's fee actually incurred <br />not to exceed five percent (5 %) of the gross proceeds from such <br />sale; <br />To the payment of all Obligations secured by this Deed of Trust; <br />iii. To the payment of junior trust deeds, mortgages, or other <br />lienholders; <br />iv. The balance, if any, to the person or persons legally entitled <br />thereto. <br />(c) Trustee may in any manner provided by law postpone sale from time to <br />time of all or any portion of the Premises. <br />18. Remedies Not Exclusive. No remedy herein conferred upon or reserved to <br />Trustee or Beneficiary is intended to be exclusive of any other remedy herein or <br />permitted or provided by law, but each shall be cumulative and shall be in <br />addition to every other remedy given hereunder or now or hereafter existing by <br />law or in equity or by statute. Nothing herein shall be construed as prohibiting <br />Beneficiary from seeking a deficiency judgment against the Trustor to the extent <br />such action is permitted by law. <br />19. Request for Notice. Trustor hereby requests a copy of any notice of default or of <br />notice of sale hereunder be mailed to them at the address set forth in the first <br />paragraph of this Deed of Trust. <br />20. Notices. Whenever Beneficiary, Trustor, or Trustee shall desire to give or serve <br />any notice, demand, request or other communication with respect to this Deed of <br />Trust, each such notice, demand, request or other communication shall be in <br />writing and shall be effective only if the same is delivered by personal service or <br />mailed by certified mail, postage prepaid, addressed to the address set forth in <br />2 <br />