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<br />200608167 <br /> <br />declare all sums secured hereby immediately due and payable by delivery to <br />Trustee of written declaration of default. If Beneficiary desires said property to <br />be sold, they shall deposit with Trustee this Trust Deed and all promissory notes <br />and documents evidencing expenditures secured hereby, and shall deliver to <br />Trustee a written notice of default and election to cause said property to be sold <br />in the form required by law which shall be duly filed for record by the Trustee. <br /> <br />(1) After the lapse of such time as may be required by law following <br />the recordation of said notice of default, and notice of default and notice of said <br />having been given as required by law, Trustee, without demand on Trustor, shall <br />sell said property on the date and at the time and place designated in said notice of <br />sale, at public auction to the highest bidder, the purchase price in lawful money of <br />the United States at the time of sale. The person conducting the sale may, for any <br />cause he deems expedient, postpone the sale from time to time until it shall be <br />completed, and, in every such case, notice of postponement shall be given by <br />public declaration thereof by such person at the time and place appointed for the <br />sale; provided, if the sale is postponed for longer than one day beyond the day <br />designated in the notice of sale, notice thereof shall be given in the same manner <br />as the original notice of sale. Trustee shall execute and deliver to the purchaser <br />his Deed conveying said property so sold, but without any covenant or warranty, <br />express or implied. The recitals in the Deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. Any person, including Beneficiary, <br />may purchase at the sale. <br /> <br />(2) When Trustee sells pursuant to the powers herein, Trustee shall <br />apply the proceeds of the sale to payment of the costs and expenses of exercising <br />the power of sale and of the sale, including the payment of Trustee's fees actually <br />incurred, which Trustee's fee shall not in the aggregate exceed the following <br />amounts based upon the amount secured hereby and remaining unpaid: _ % per <br />centrum on the first $ thereof, _% per centrum on the balance <br />thereof; and then to the items in subparagraph (3) in the order there stated. <br /> <br />(3) After paying the items specified in subparagraph (2) if the sale is <br />by Trustee, or the proper court and other costs of foreclosure and sale if sale is <br />pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order <br />stated to the payment of: <br /> <br />(a) Reasonable costs of any evidence oftitle procured in connection <br />with such sale and of any tax on the conveyance. <br /> <br />(b) <br /> <br />All sums then secured hereby. <br /> <br />(c) <br />thereto. <br /> <br />The remainder, if any, to the person or persons legally entitled <br /> <br />D. Upon the occurrence of any default hereunder, Beneficiary shall have the <br />