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<br />200709786 <br /> <br />BENEFICIARIES shall have the right to cause Notice of Default to be given and thc premises to be <br />sold as provided herein. <br /> <br />The parties mutually agree as follows: <br /> <br />A. At any time and from time to time upon written request of BENEFICIARIES, payment of <br />fecs ffild presentation of this DEED OF TRUST and the Note for endorsement (in case of <br />full reconveyance, for cancellation and retention), without aflecting the liability of ffily <br />person for the payment of the indebtedness, TRUSTEE may (a) consent to the making of <br />any map or plat of said property; (b) join in grffilting any easement or creating ffilY <br />restriction thereon; (c) join in ffilY subordination or other agreement affecting this DEED <br />OF TRUST or the lien or charge thereof; (d) reconvey this DEED OF TRUST or the lien <br />or charge thereof; (d) reconvey, without wffiTanty, all or ffilY part of said property. <br /> <br />B. The grantee in any Deed of Reconveyance may be described as "the person or persons <br />entitled thereto", and the recitals therein OfffilY matters or facts shall be conclusive proof of <br />the truthfulness thereof. <br /> <br />C. Upon default by TRUSTOR in the payment of indebtedness secured hercby or in the <br />perf'i:mnance of any agreement hereunder, BENEFICIARIES may declare all sums secured <br />hereby immediately due and payable by delivery to TRUSTEE of written declaration of <br />default. If BENEFICIARIES desire said property to be sold, they shall deposit with <br />TRUSTEE this DEED OF TRUST and all promissory notes and documents evidencing <br />expenditures secured hereby, and shall deliver to TRUSTEE a written Notice of Default <br />and election to cause said property to be sold in the form required by law, which shall be <br />duly filed for record by TRUSTEE. <br /> <br />1. After the lapse of such time as may be required by law (presently being one (1) <br />month following the recordation of said Notice of Default), Notice of Default ffild <br />Notice of Sale having bcen given as required by law, TRUSTEE, without demand on <br />TRUSTOR, shall sell said property on the date and at the timc and place designated in <br />said Notice of Sale, at public auction to the highest bidder, the purchase price payable in <br />lawful money of the United States at the time of sale. The person conducting the sale <br />may, for any cause he deems expedient, postpone the sale from time to time lmtil it shall <br />be completed and in every such case, notice of postponement shall bc given by public <br />declaration thereof by such person at the time and place last appointcd for the sale; <br />provided, if the sale is postponed for longer th~m one (1) day beyond the day designated <br />in the Notice of Sale, notice thereof shall be given in the sanle manner as the original <br />Notice of Sale. TRUSTEE shall execute and dcliver to the purchaser his Deed <br />conveying said property so sold, but without any covenant or warranty, express or <br />implied. The recitals in the Deed of any matters or facts shall be conclusive proof ofthe <br />truthfulness thereof. Any person, including BENEFICIARIES, may purchase at the <br />sale. TRUSTOR hereby covenffilts and warrants ffild defends the title of the above <br />property to purchaser at sale. <br /> <br />D. When the TRUSTEE sells the trust propcliy pursuant to the powers gnmted herein, the <br />TRUSTEE shall apply the proceeds from the sale of such property in the following order <br />of priority: <br /> <br />1. To the cost and expense of exercising the power of sale ffild of the sale, including <br />attomey fees, evidence of title and other sale expenses, and a trustee's fee not to exceed <br />four percent (4%) ofthe gross sale price; <br /> <br />2. To the payment ofthe obligation secured by this DEED OF TRUST and Trust Deed <br />Note; <br /> <br />3. To the payment of junior Trust Deeds, mortgages, or other lien holders; <br /> <br />4. 'fhe balance, if ffily, to the person or persons legally entitled thereto. <br /> <br />-2- <br />