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86--3 490994 <br />ance in possession of the property or the collection, <br />or <br />receipt and application of rents, issues profits, <br />Trustee or Beneficiary may be entitled to exercise <br />of the loan instruments <br />every right provided for in any <br />of any event of default, <br />or by law upon occurrence <br />including the right to exercise the power of sale; <br />(b) commence an action this specifically <br />Trust as a mortgage, appoint a <br />enforce any of the covenants hereof; <br />(c) deliver to Trustee 4 written declaration of <br />default and demand for sale, and a written notice of <br />in the <br />default and election to cause Trustee's interest <br />cause <br />property to be sold, which notice Trustee shall <br />official records of <br />to be duly filed for record in the <br />is located. <br />the county in which the property <br />13. Foreclosure by Power of Sale. Should Beneficiary elect <br />herein contained, <br />to foreclose by exercise of the power of sale <br />shall deposit with Trustee <br />Beneficiary shall notify Trustee and <br />the note and such receipts and evidence of <br />this Deed of Trust and <br />expenditures made and secured hereby as Trustee may require, and <br />file for <br />upon request of the Beneficiary, the Trustee shall <br />office in the County where the <br />record, in the Register of Deeds <br />located, a notice of default, setting forth the name <br />property is <br />of the Trustor, the Book and Page or Document No. of this Deed of <br />the <br />Trust as recorded in said Register of Deeds office, <br />- described real estate and that a breach <br />description of the above <br />for which said rea l estate was conveyed as <br />of an obligation, <br />and setting forth the nature of such <br />security, has occurred, <br />breach and the Trustee's election to sell the .real estate to <br />one <br />satisfy the obligation; and after the lapse of not less than <br />of the time and <br />(1) month, the Trustee shall give written notice <br />0_:00 a.m. and 5 p.m. at the <br />place of sale which may be between <br />in the County wherein such property <br />premises, or at the Courthouse <br />describing the property to be sold by its legal <br />a <br />is located, <br />description, said notice to be published in a newspaper of <br />is <br />: <br />general circulation in the County wherein such property <br />weeks, the <br />located, once a week for five (5) consecutive ut not than <br />ten (10) days, <br />publication to be at least <br />the sale; and the Trustee shall then <br />thirty (30) days, prior to <br />the time and place designated in the <br />sell said property at <br />by law in effect at the time of <br />notice, in the manner provided <br />notice, at public auction to the highest bidder for <br />filing said <br />and shall deliver to such purchaser a deed to the property <br />cash <br />sold, consistent with the law in effect at the time. <br />Upon receipt of payment of the price bid, Trustee shall <br />the property <br />deliver to the purchaser, Trustee's deed conveying <br />deed shall be prima facie evi- <br />sold. Recitals in the Trustee's <br />of the statements made therein. Trustee shall <br />dence of the truth <br />apply the proceeds of the sale in the following order: (a) to <br />including but not <br />all reasonable costs and expenses of the sale, <br />than two percent (2 %) of <br />limited to, Trustee's fees of not more <br />attorney fees and costs of title <br />the gross sale price, reasonable <br />sums secured by this Deed of Trust; and <br />evidence; (b) to all <br />if any, to the person or persons legally entitled <br />(c) the excess, <br />including Beneficiary, may purchase said <br />thereto. Any person, <br />property at said sale. <br />The person conducting the sale may, for any cause he or she <br />to time until it <br />deems expedient, postpone the sale from time <br />case, notice of postpone- <br />shall be completed and, in every such <br />by declaration thereof by such person <br />ment shall be given public <br />time and place-: last appointed for tile. sale: provic ?ed, 'f <br />at the <br />the sale is Postponed for longer than one (1) day beyond the date <br />thereof ::hall be given <br />designated in the notice of sale, notice <br />� <br />in thy, :same manner as the original. notice of -;ale- <br />14. r u teK gin_ r;� ,� rye s ;,«3 <br />A, kte�mcc'ie s iwnt _b�c. a _..___:• , <br />- }. �,, T lei t.e7 e r r: pa "M .Ind <br />*; of h, m, �its'.1 �_ <br />Otte I ate <br />i.yat: ion ::;c., ,,.z-e >,� t'e,r,� ,., . <br />f d ._ <br />