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200505400 <br />in such order as it of BENEFICIARY may determine at public auction to the highest <br />bidder. TRUSTEE may postpone the sale of all or any portion of SUCH PROPERTY by <br />public announcement at the time and place of sale, and from time to time thereafter <br />may postpone the sale by public announcement at the time and place fixed by the <br />preceding postponement. TRUSTEE shall deliver to such purchase its deed conveying <br />the property so sold, but without any covenant or warranty, express or implied. The <br />recital in such deed of any matters of fact or otherwise shall be conclusive proof of the <br />truthfulness thereof. Any person including TRUSTOR, TRUSTEE or BENEFICIARY, <br />may purchase at such sale. TRUSTEE may also sell at any such sale and as part <br />hereof any shares of corporate stock securing the obligation secured hereby, and <br />TRUSTOR waives demand and notice of such sale. (BENEFICIARY at its option may <br />also foreclose on such shares by independent pledge sale, and TRUSTOR waives <br />demand and notice of such sale). After deducting all costs, fees and expenses of <br />TRUSTEE, and of this Trust, including cost of evidence of title in connection with such <br />sale, TRUSTEE shall first apply the proceeds of sale to payment of all sums expended <br />under the terms hereof, not then repaid, with accrued interest at the rate then payable <br />under the note or notes secured hereby, and then to payment of all other sums secured <br />hereby, and if thereafter there be any proceeds remaining, distribute them to the person <br />or persons legally entitled thereto. <br />Substitution of Trustee: That BENEFICIARY may, from time to time, by <br />instrument in writing, substitute a successor or successors to any TRUSTEE named <br />herein or acting hereunder, which instrument, executed and acknowledged by <br />BENEFICIARY and recorded in the office of the register of deeds of the county or <br />counties where SUCH PROPERTY is situated, shall be conclusive proof of proper <br />substitution of such successor TRUSTEE or TRUSTEE's who shall, without <br />conveyances from the TRUSTEE predecessor, succeed to all its title, estate, rights, <br />power and duties. <br />No Waiver by Beneficiary: No waiver by BENEFICIARY of any right under this <br />Deed of Trust shall be effective unless in writing. Waiver by BENEFICIARY of any right <br />granted to BENEFICIARY under this Deed of Trust or of any provision of this Deed of <br />Trust as to any transaction or occurrences shall not be deemed a waiver as to any <br />future transaction or occurrences. By accepting payment of any sum secured hereby <br />after its due date, or by making any payment or performing any act on behalf of MAKER <br />or TRUSTOR that MAKER or TRUSTOR was obligated hereunder, but failed, to make <br />or perform, or by adding any payment so made by BENEFICIARY to the indebtedness <br />secured hereby, BENEFICIARY does not waive its right to require prompt payment <br />when due of all other sums so secured or to require prompt performance of all other <br />acts required hereunder or to declare a default for failure so to pay. <br />Page 9 of 12 <br />#MGWL_265892_3.POC <br />