Laserfiche WebLink
86,. To18s9 <br />(c) deliver to Trustee a written declaration of <br />(� default and demand for sale, and a written notice of <br />1 default and election to cause Trustors' 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 Beneficiaries <br />elect to foreclose by exercise of the power of sale herein <br />contained, Beneficiaries shall notify Trustee and shall deposit <br />with Trustee this Deed of Trust and the note and such receipts <br />and evidence of expenditures made and secured hereby as Trustee <br />may require, and upon request of the Beneficiaries, the Trustee <br />shall file for record, in the Register of Deeds office in the <br />County where the property is located, a notice of default, <br />setting forth the name of the Trustors, the Book and Page or <br />Document No. of this Deed of Trust as recorded in said Register <br />of Deeds office, the legal description of the above - described <br />real estate and that a breach of an obligation, for which said <br />real estate was conveyed as security, has occurred, and setting <br />forth the nature of such breach and the Trustee's election to <br />sell the real estate to satisfy the obligation; and after the <br />lapse of not less than one (1) month, the Trustee shall give <br />written notice of the time and place of sale which may be between <br />9:00 a.m. and 5 p.m. at the premises, or at the Courthouse in the <br />County wherein such property is located, describing the property <br />to be sold by its legal description, said notice to be published <br />in a newspaper of general circulation in the County wherein such <br />property is located, once a week for five (5) consecutive weeks, <br />the last publication to be at least ten (10) days, but not more <br />than thirty (30) days, prior to the sale; and the Trustee shall <br />then 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 three percent (3%) 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 Beneficiaries, 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 Plot Exclusive. Trustee and Beneficiaries, 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 alI of the indebtedness and <br />obligations secured hereby which may now or hereafter be: otherwise + <br />secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. t7e.itl:er the acceptance of this Deed <!f <br />Trust :ior its enfor e.ment, whether by court aet ien )r pur:3uarzt tc. <br />t:he P"7'wer `f n.rle! Or Other low -rs herein cuntaine.-c:, shall pry 177- <br />(11(7? or ,.n an, :t7anne,r affect or rneiir curie;;' <br />7 , Y i (III <br />W <br />� .1 C' .. ��le?Yt�',p� t, + try <br />.Z c` e; <br />