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<br />88-102837 <br /> <br />conclusive proof of the truthfulness thereof. ~"V person, <br />including BENEFICIARY, may purchase at the sale. TRUSTOR <br />hereby covenants to warrant and defend the title of the <br />above property to purchaser at sale. <br /> <br />D. When the TRUSTEE sells the trust property pursuant to the <br />powers granted herein, the TRUSTEE shall apply the p;coceeds <br />from the sale of such property in the following order of <br />priority: <br /> <br />(I) To the cost and expense of exercising the power of sale <br />and of the sale, including attorney fees, evidence of <br />title and other sale expenses, and a trustee's fee not to <br />exceed four percent of the gross sale price; <br /> <br />(2) To the payment of the obligation secured by this Deed of <br />Trust and Trust Deed Note: <br /> <br />(3) To the payment of junior Trust Deeds, mortgages, or other <br />lienholders: <br /> <br />(4) The balance, if any, to the person or persons legally <br />entitled thereto. <br /> <br />E. Upon the occurrence of any def aul thereunder, BENEFICIARY <br />shall have, in addition to such other options as may be <br />granted herein, the further option to foreclose this Deed of <br />Trust in the manner provided by law for foreclosures of <br />mortgages on real property. <br /> <br />F. BENEFICIARY may from time to time substitute a successor or <br />successors to any TRUSTEE named herein or acting hereunder. <br />Upon such appointment, and without conveyance to the successor <br />TRUSTEE, the latter shall be vested with all title, powers, <br />and duties conferred upon any TRUSTEE herein named or acting <br />hereunder. Each such appointment and subst i tut ion shall be <br />made by written instrument and executed by BENEFICIARY, <br />containing reference to this Deed of Trust and its place of <br />record, which, when recorded in the office of the Register of <br />Deeds of the county or counties in which said property is <br />situated, shall be conclusive proof of proper appointment of <br />the successor TRUSTEE. The foregoi ng power of substi tution <br />and the procedure therefor shall not be exclusive of the power <br />and procedure provi ded for by law for the substitution of a <br />TRUSTEE in the place of the TRUSTEE named herein. <br /> <br />G. TRUSTORS covenant and agree that upon any conveyance, <br />assignment or transfer of their interest in the premises <br />dur i ng the term of the loan secured hereby, the BENEFICIARY <br />shall have the option of declaring the unpaid balance <br />immediately due and payable, and if said sum remains unpaid <br />for fifteen (15) days thereafter, BENEFICIARY can cause Notice <br />of Default to be given and the premises be sold as provided <br />herein. <br /> <br />H. As additional and collateral security for the loan, and <br />effective forthwith upon filing of a Notice of Default, this <br />instrument shall serve as an assignment by the TRUSTORS to the <br />TRUSTEE, of all rents and revenues resulting from the <br />property, and TRUSTEE is authorized to take possession of the <br />property, rent or lease the same on terms he deems best and <br />to collect the rents and revenues and apply the same upon <br />unpaid interest, principal, taxes or insurance premiums or for <br />maintenance and preservation of the premises. <br /> <br />1. The waiver by TRUSTEE or BENEFICIARY of any default of <br />TRUSTORS under this Deed of Trust, on one occasion, shall not <br />be or be deemed to be a waiver of any other or similar <br />defaults subsequently occurring. <br /> <br />J. If title to any part of the property herein shall be taken in <br />condemnation proceedings, by right of eminent domain, or <br />similar action, or shall be sold under threat of condemnation, <br />all awards, damages and proceeds are hereby assigned and shall <br /> <br />- 3 - <br />