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IM <br />86--4 101475 <br />(b) commence an action to foreclose this Deed of <br />Trust as a mortgage, appoint a receiver, or specifically <br />enforce any of the covenants hereof; <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. <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 Deed of Trust and the note and such receipts and evidence of <br />expenditures made and secured hereby as Trustee may require, and <br />upon request of the Beneficiary, the Trustee shall file for <br />record, in the Register of Deeds office in the County where the <br />property is located, a notice of default, setting forth the name <br />of the Trustor, the Book and Page or Document No. of this Deed of <br />Trust as recorded in said Register of Deeds office, the legal <br />description of the above - described real estate and that a breach <br />of an obligation, for which said real estate was conveyed as <br />security, has occurred, and setting forth the nature of such <br />breach and the Trustee's election to sell the real estate to <br />satisfy the obligation; and after the lapse of not less than one <br />(1) month, the Trustee shall give written notice of the time and <br />place of sale which may be between 9:00 a.m. and 5 p.m. at the <br />premises, or at the Courthouse in the County wherein such property <br />is located, describing the property to be sold by its legal <br />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. <br />Upon receipt of payment 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 two percent (2 %) of <br />the gross sale price, reasonable attorney fees and costs of title <br />evidence; (b) to all sums secured by this 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. <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 <br />the sale is postponed for longer than one (1) day beyond the date <br />designated in the notice of sale, notice thereof shall be given <br />in the same manner as the original notice of sale. <br />14. Remedies Not Exclusive. Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce payment and performance <br />of any indebtedness or obligation secured hereby and to exercise <br />all rights and powers under this Deed of Trust or under any loan <br />instrument or other agreement or any laws now or hereafter <br />enforced, notwithstanding some or all of the indebtedness and <br />obligations secured hereby which may now nr hereaft,�r be orherwise <br />:secured, whether by mortgage, deed of trust, pledge, 'ti.c:n, <br />a ssigTirnertt or ot.herW.se. Neil:hcrr th4' aC7C11 „2 IShCk' 0 *11:. 1 ( ?:'i3 Of <br />