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<br />200800353 <br /> <br />determine. The entering upon and taking possession of the trust <br />estate, the collection of such rents, issues and profits and application <br />thereof as aforesaid shall not cure or waive any default or notice of <br />default hereunder or invalidate any act and in response to such default <br />or pursuant to such notice of default and, notwithstanding the <br />continuance in possession of the property or the collection, receipt <br />and application of rents, issues or profits, Trustee or Beneficiary may <br />be entitled to exercise every right provided for in any of the loan <br />instruments or by law upon occurrence of any event of default, <br />including the right to exercise the power of sale; <br /> <br />B. Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or specifically enforce any of the covenants hereof; <br /> <br />C. Deliver to trustee a written declaration of default and demand for sale, <br />and a written notice of default and election to cause Trustor's interest <br />in the property to be sold, which notice Trustee shall cause to be duly <br />filed for record in the official records of the County in which the <br />property is located. <br /> <br />10. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of the <br />power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this <br />Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby <br />as Trustee may require, and upon request of the Beneficiary, the Trustee shall file for record in the <br />Register of Deeds Office in the County wherein the property is located a Notice of Default setting <br />forth the name of the Trustor, the book and page or document number of this Deed of Trust as <br />recorded in said Register of Deeds Office, the legal description ofthe above-described real estate and <br />that a breach of any obligation, for which said real estate was conveyed as security, has occurred and <br />setting forth the nature of such breach and the Trustee's election to sell the real estate to satisfy the <br />obligation; and after the lapse of not less than one (1) month, the Trustee shall give written notice <br />of the time and place of sale which may be between 9:00 a.m. and 5 :00 p.m. at the premises, or at <br />the Court House in the County wherein such property is located, describing the property to be sold <br />by its legal description, said notice to be published in a newspaper of general circulation in the <br />County wherein such property is located, once a week for five (5) consecutive weeks, the last <br />publication to be at least ten (10) days, but not more than thirty (30) days, prior to the sale; and the <br />Trustee shall then sell said property at the time and place designated in the notice, in the mmmer <br />provided by law in effect at the time of filing said notice, at public auction to the highest bidder for <br />cash and shall deliver to such purchaser a deed to the property sold, consistent with the law in effect <br />at the time. <br /> <br />4 <br />