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200401100 <br />creditors. <br />It is mutually agreed that: <br />A. At any time and from time to time upon written request of Beneficiary, payment of fees <br />and presentation of this Trust Deed and the Note for endorsement ( in case of full reconveyance for <br />cancellation and retention), without affecting the liability of any person for the payment of the <br />indebtedness, Trustee may (a) consent to the making of any map or plat of said property; (b) join in <br />granting any easement or creating any restriction thereon; (c) join in any subordination or other agreement <br />affecting this Trust Deed or the lien or charge thereof, (d) reconvey, without warranty, all or any part of <br />said property. <br />B. The grantee in any reconveyance may be described as "the person or persons entitled <br />thereto ", and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness <br />thereof. <br />C. Upon default by Trustor in the payment of any indebtedness secured hereby or in the <br />performance by Trustor of any agreement hereunder, or a breach of or default under any provision <br />contained in the Note, this Trust Deed, any document which secures the Note, and any other encumbrance <br />upon the Property, Beneficiary may declare all sums secured hereby immediately due and payable by <br />delivery to Trustee of written declaration of default. If Beneficiary desires said property to be sold, they <br />shall deposit with Trustee this Trust Deed and all promissory notes and documents evidencing expenditures <br />secured hereby, and shall deliver to Trustee a written notice of default and election to cause said property <br />to be sold in the form required by law which shall be duly filed for record by the Trustee. <br />(1) After the lapse of such time as may be required by law following the recordation <br />of said notice of default, and notice of sale having been given as required by law, Trustee, without <br />demand on Trustor, shall sell said property on the date and at the time and place designated in said <br />notice of sale, at public auction to the highest bidder, the purchase price in lawful money of the <br />United States at the time of sale. The person conducting the sale may, for any cause he deems <br />expedient, postpone the sale from time to time until it shall be completed, and, in every such case, <br />notice of postponement shall be given by public declaration thereof by such person at the time and <br />place appointed for the sale; provided, if the sale is postponed for longer than one day beyond the <br />day 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 his Deed conveying said <br />property so sold, but without any covenant or warranty, express or implied. The recitals in the <br />Deed of any matters of fact shall be conclusive proof of the truthfulness thereof. Any person, <br />including Beneficiary, may purchase at the sale. <br />(2) When Trustee sells pursuant to the powers herein, Trustee shall apply the <br />proceeds of the sale to payment of the costs and expenses of exercising the power of sale and of <br />the sale, including the payment of Trustee's fees actually incurred, which Trustee's fee shall not in <br />the aggregate exceed the following amounts based upon the amount secured hereby and emaining <br />unpaid: 8% on the first $20,000 thereof, 8% on the balance thereof, and then to the items in <br />subparagraph (3) in the order there stated. <br />(3) After paying the items specified in subparagraph (2) if the sale is by Trustee, or <br />the proper court and other costs of foreclosure and sale if sale is pursuant to judicial foreclosure, <br />the proceeds of sale shall be applied in the order stated to the payment of: <br />(a) Reasonable costs of any evidence of title procured in connection <br />with such sale and of any tax on the conveyance. <br />(b) All sums then secured hereby. <br />(c) The remainder, if any, to the person or persons legally entitled <br />thereto. <br />