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<br />88- 101888
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<br />tion of such rents, issues and profits and application
<br />thereof as aforesaid shall not cure or waive any
<br />default or notice of default hereunder or invalidate
<br />any act and in response to such default or pursuant to
<br />such notice of default and, notwithstanding the con-
<br />tinuance in possession of the property or the col-
<br />lection, receipt and application of rents, issues or
<br />profits, Trustee or Beneficiary may be entitled to
<br />exercise every right provided for in any of the loan
<br />instruments or by law upon occurrence of any event of
<br />default, including the right to exercise the power of
<br />salei
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<br />(b) co~~ence an action to foreclose this Amended
<br />Deed of Trust as a mortgage, appoint a receiver, or
<br />specifically enforce any of the covenants hereof~
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<br />(c) deliver to Trustee a written declaration of
<br />default and demand for sale, and a written notice of
<br />default and election to cause Trustor's interest in the
<br />property to be sold, which notice Trustee shall cause
<br />to be duly filed for record in the official records of
<br />the county in which the property is located.
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<br />13. Foreclosure by Power of Sale. Should Beneficiary elect
<br />to foreclose by exercise of the power of sale herein contained,
<br />Beneficiary shall notify Trustee and shall deposit with Trustee
<br />this Amended Deed of Trust and the note and such receipts and
<br />evidence of expenditures made and secured hereby as Trustee may
<br />require, and upon request of the Beneficiary, the Trustee shall
<br />file for record, in the Register of Deeds office in the County
<br />where the property is located, a notlce of default, setting forth
<br />the name of the Trustor, the Book and Page or Document No. of
<br />this Amended Deed of Trust as recorded in said Register of Deeds
<br />office, the legal description of the above-described real estate
<br />and that a breach of an obligation, for which said real estate
<br />was conveyed as security, has occurred, and setting forth the
<br />nature of such breach and the Trustee's election to sell ~he real
<br />estate to satisfy the obligation; and after the lapse of not less
<br />than one (1) month, the Trustee shall give written notice of the
<br />time and place of sale which may be between 9:00 a.m. and 5 p.m.
<br />at the premises, or at the Courthouse in the County wherein such
<br />property is located, describing the property to be sold by its
<br />legal description, said notice to be published in a newspaper of
<br />general circulation in the County wherein such property is
<br />located, once a week for five (5) consecutive weeks, the last
<br />publication to be at least ten (10) days, but not more than
<br />thirty (30) days, prior to the sale; and the Trustee shall then
<br />sell said property at the time and place designated in the
<br />notice, in the manner provided by law in effect at the time of
<br />filing said notice, at public auction to the highest bidder for
<br />cash and shall deliver to such purchaser a deed to the property
<br />sold, consistent with the law in effect at the time.
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<br />Upon receipt of pa}~ent of the price bid, Trustee shall
<br />deliver to the purchaser, Trustee's deed conveying the property
<br />sold. Recitals in the Trustee's deed shall be prima facie evi-
<br />dence of the truth of the statements made therein. Trustee shall
<br />apply the proceeds of the sale in the following order: (a) to
<br />all reasonable costs and expenses of the sale, including but not
<br />limited to, Trustee's fees of not more than one (l)% of the gross
<br />sale price, reasonable attorney fees and costs of title evidence;
<br />(b) to all sums secured by this Amended Deed of Trust; and
<br />(c) the excess, if any, to the person or persons legally entitled
<br />thereto. Any person, including Beneficiary, may purchase said
<br />property at said sale.
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<br />The person conducting the sale may, for any cause he or she
<br />deems expedient, postpone the sale from time to time until it
<br />shall be completed and, in every such case, notice of postpone-
<br />,ment shall be given by public declaration thereof by such person
<br />at the time and place last appointed for the sale; provided, if
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