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202605109
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8/7/2026 3:23:42 PM
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8/7/2026 3:23:42 PM
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DEEDS
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202605109
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202605'109 <br />which notice Trustee shall cause to be duly filed for record in the official records of the <br />county in which the Property is located. <br />13. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of <br />the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee <br />this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured <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 />5 <br />
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