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<br />100018
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<br />entitled to reimbursement from Beneficiary to the extent of the
<br />actual sums expended under this provision. Unless Beneficiary
<br />and Trustor otherwise agree, in writing, any application,
<br />condemnation awards, damages and/or proceeds not used to
<br />restore, repair, replace and rebuild the Property shall be
<br />credited against the final installment of principal due on the
<br />Note, and shall not extend or postpone the due date of any
<br />subsequent monthly installments due on the Note or change the
<br />amount of such installments.
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<br />12. Default. If there shall be a default under this Trust
<br />Deed or under any prior trust deed, mortgage or other security
<br />agreement, Beneficiary may cure such default, and the sum or
<br />sums so advanced, with interest thereon at the rate of sixteen
<br />percent (16%) per annum from the date of advancement, shall be
<br />added to the indebtedness secured by this Trust Deed, may be
<br />collected hereunder at any time thereafter and shall be deemed
<br />to be secured hereby.
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<br />13. Acceleration. Remedies. Sale. Upon default by Trustor
<br />in the payment of any indebtedness secured hereby or in the
<br />performance of any agreement hereunder, Beneficiary may declare
<br />all sums secured hereby immediately due and payable by delivery
<br />to Trustee of written declaration of default. The Trustee shall
<br />have the power of sale of the Property, and if Beneficiary
<br />desires the Property to be sold, it shall deposit with Trustee
<br />this Trust Deed, the Note and all other documents evidencing
<br />expenditures secured hereby, and shall deliver to Trustee a
<br />written Notice of Default and election to cause the Property to
<br />be sold, and the Trustee, in turn, shall prepare a similar
<br />Notice in the form required by law, which shall be duly filed
<br />for record by Trustee.
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<br />A. After the lapse of such time as may be required by law
<br />following the recordation of said Notice of Default,
<br />and Notice of Default and Notice of Sale having been
<br />given as required by law, Trustee, without demand on
<br />Beneficiary, shall sell the Property on the date and
<br />at the time and place designated in said Notice of
<br />Sale, at public auction, to the highest bidder, the
<br />purchase price payable in lawful money of the United
<br />States at the time of sale. The person conducting the
<br />sale may, for any cause he deems expedient, postpone
<br />the sale from time to time until it shall be completed,
<br />anQ in every such case, notice of postponement shall
<br />be given by public declaration thereof by such person
<br />at the time and place last appointed for the sale;
<br />provided, if the sale is postponed for longer than one
<br />(1) day beyond the date designated in the Notice of
<br />Sale, notice thereof shall be given in the same manner
<br />as the original Notice of Sale. Trustee shall execute
<br />and deliver to the purchaser his deed conveying the
<br />Property sold, but without any covenant or warranty,
<br />express or implied. The recitals in the deed of any
<br />matter or fact shall be conclusive proof of the truth-
<br />fulness thereof. Any person, including Beneficiary,
<br />may purchase at the sale.
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<br />When Trustee sells pursuant to the powers herein, the
<br />Trustee shall first apply the proceeds of the sale to
<br />the payment of costs and expenses of exercising the
<br />power of sale, and of the sale, including the payment
<br />of the Trustee's fees and expenses actually incurred,
<br />which shall include all attorneys' fees incurred by
<br />the Trustee in the rendition of his duties, and the
<br />Trustee shall be entitled to hire such attorneys as he
<br />may see fit, including any firm with which Trustee may
<br />be associated, and then to the items in Subparagraph
<br />C, in the order there stated.
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<br />B.
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<br />c.
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<br />After paying the items specified in Subparagraph B, if
<br />the sale is by the Trustee, or the proper court or
<br />other costs of foreclosure and sale if the sale is
<br />pursuant to judicial foreclosure, the proceeds of sale
<br />shall be applied in the order set forth below to the
<br />payment of:
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