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202402764 <br />upon request of the Beneficiary, the Trustee shall file for record, in the Register of <br />Deeds Office in the County where the property is located, a notice of default, setting <br />forth the name 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 description of the above- <br />described real estate and that a breach of an obligation, for which said real estate <br />was conveyed as security, has occurred, and setting forth the nature of such breach <br />and the Trustee's election to sell the real estate to satisfy the obligation; and after <br />the lapse of not less than one (1) month, the Trustee shall give written notice of the <br />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, <br />describing the property to be sold by its legal description, said notice to be <br />published in a newspaper of general circulation in the County wherein such <br />property is located, once a week for five (5) consecutive weeks, the last publication <br />to be at least ten (10) days, but not more than thirty (30) days prior to the sale; and <br />the Trustee shall then 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 filing said notice, at <br />public auction to the highest bidder for cash and shall deliver to such purchaser a <br />deed to the property sold, consistent with the law in effect at the time. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the <br />purchaser a Trustee's Deed conveying the property sold. Recitals in the Trustee's <br />deed shall be prima facia evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />reasonable costs and expenses of the sale, including but not limited to, Trustee's fees <br />of not more than two percent (2%) of the gross sale price, reasonable attorney fees <br />and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the <br />excess, if any, to the person or persons legally entitled thereto. Any person, <br />including Beneficiary, may purchase said property at said sale. <br />The person conducting the sale may, for any cause he or she deems <br />expedient, postpone the sale from time to time until it shall be completed and, in <br />every such case, notice of postponement shall be given by public declaration thereof <br />by such person at the time and place last appointed for the sale; provided, if the sale <br />is postponed for longer than one (1) day beyond the date designated in the notice of <br />sale, notice thereof shall be given in the same manner as the original notice of sale. <br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall <br />be entitled to enforce payment and performance of any indebtedness or obligation <br />secured hereby and to exercise all rights and powers under this Deed of Trust or <br />under any loan instrument or other agreement or any laws now or hereafter <br />enforced, notwithstanding some or all of the indebtedness and obligations secured <br />hereby which may now or hereafter be otherwise secured, whether by mortgage, <br />deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this <br />Deed of Trust nor its enforcement, whether by court action or pursuant to the <br />power of sale or other powers herein contained, shall prejudice or in any manner <br />affect Trustee's or Beneficiary's right to realize upon or enforce any other security <br />