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202109899
<br />hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall file for rec-
<br />ord, in the Register of Deeds office in the County where the Property is located, a notice of default,
<br />setting forth the name of the Trustor, the Book and Page or Instrument No. of this Deed of Trust
<br />as recorded in said Register of Deeds office, the legal description of the above-described real estate
<br />and that a breach of an obligation, for which said real estate was conveyed as security, has
<br />occurred, and setting forth the nature of such breach and the Trustee's election to sell the real estate
<br />to satisfy the obligation; and after the lapse of not less than one (1) month, the Trustee shall give
<br />written notice of the time and place of sale which may be between 9:00 a.m. and 5:00 p.m. at the
<br />premises, or at the Courthouse in the County wherein such Property is located, describing the
<br />Property to be sold by its legal description, said notice to be published in a newspaper of general
<br />circulation in the County wherein such Property is located, once a week for five (5) consecutive
<br />weeks, the last publication to be at least ten (10) days, but not more than thirty (30) days, prior to
<br />the sale; and the Trustee shall then sell said Property at the time and place designated in the notice,
<br />in the manner provided by law in effect at the time of filing said notice, at public auction to the
<br />highest bidder for cash and shall deliver to such purchaser a deed to the Property sold, consistent
<br />with the law in effect at the time.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a Trustee's
<br />deed conveying the Property sold. Recitals in the Trustee's deed shall be prima facie evidence of
<br />the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to,
<br />reasonable attorney fees and costs of title evidence; (b) to all sums secured by this Deed of Trust;
<br />and (c) the excess, if any, to the person or persons legally entitled thereto. Any person, including
<br />Beneficiary, may purchase said Property at said sale.
<br />The person conducting the sale may, for any cause he or she deems expedient, postpone
<br />the sale from time to time until it shall be completed and, in every such case, notice of postpone-
<br />ment shall be given by public declaration thereof by such person at the time and place last
<br />appointed for the sale; provided, if the sale is postponed for longer than forty-five (45) days beyond
<br />the date designated in the notice of sale, notice thereof shall be given in the same manner as the
<br />original notice of sale.
<br />14. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce payment and performance of any indebtedness or obligation secured hereby and
<br />to exercise all rights and powers under this Deed of Trust or under any loan instrument or other
<br />agreement or any laws now or hereafter enforced, notwithstanding some or all of the indebtedness
<br />and obligations secured hereby which may now or hereafter be otherwise secured, whether by
<br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed
<br />of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other
<br />powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right
<br />to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it
<br />being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed
<br />of Trust and any other security now or hereafter held by the Beneficiary or Trustee in such order
<br />and manner as they, or either of them, may in their absolute discretion determine. No remedy
<br />herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other
<br />remedy herein or by law provided or permitted, but each shall be cumulative and shall be in
<br />addition to every other remedy given hereunder or now or hereafter existing at law or in equity or
<br />by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary
<br />or to which either of them may be otherwise entitled may be exercised, concurrently or
<br />independently, from time to time and as often as may be deemed expedient by Trustee or
<br />Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be
<br />construed as prohibiting Beneficiary from seeking a deficiency judgment against Trustor to the
<br />extent such action is permitted by law.
<br />15. Request for Notice. Trustor hereby requests a copy of any notice of default and
<br />that any notice of sale hereunder be mailed to Trustor at the address set forth in the first paragraph
<br />of this Deed of Trust.
<br />16. Appointment of Successor Trustee. Beneficiary may, from time to time, by written
<br />instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the
<br />County in which the Property is located and by otherwise complying with the provisions of the
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