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87- 100036 <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 it, 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 b-,� 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 ever,,, 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 no-lice 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 need of Trust or under any loan <br />instrument or other agreement or any laws now or hereafter <br />enforced, notwithstanding some cr all of the indebtedness and <br />obligations secured hereby which i-.a*,, now or hereafter be other- <br />wise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this Deed of <br />Trust nor its enforcement, whether by court action or pursuant to <br />the power of sale or other powers herein contained, shall preju- <br />dice or in any manner affect- Trustee's or Beneficiary's right to <br />realize upon or enforce any other security now or hereafter held <br />by Trustee or Beneficiary, it being agreed that Trustee and <br />Beneficiary, and each of them, shall be entitled to enforce this <br />Deed of Trust and any other security now or hereafter held by the <br />Beneficiary or Trustee in such order and manner as they, or <br />either of them, may in their absolute discretion determine. No <br />remedy herein conferred upon or reserved to Trustee or Benefi- <br />ciary is intended to be exclusive or any other remedy herein or <br />by law provided or permitted, but each shall be cumulative and <br />shall be in addition to every other remedy given hereunder or now <br />or hereafter existing at law or in equit,, or by statute. Every <br />power or remedy given by any of the loan instruments to Trustee <br />or Beneficiary or to which either of them may be otherwise <br />entitled may be exercised, concurrent'_] or independently, f-rom <br />time to time and as often as may be deemed expedient by Trustee <br />or Beneficiary, and either of them may pursue inconsistent <br />remedies. Nothing herein shall be construed as prohibiting Bene- <br />ficiary from seeking a deficiency judgmenft against Trustor to the <br />extent such action: is permitted by law. <br />15. 1 Recuest for Notice. Trustor hereby rea.uests a copy of <br />any notice of -default and teat any notice of sale hereunder be <br />mailed to Trustor at the address set North in the first paragraph <br />of this Deed of Trust. <br />LX2P2i3nt=Cnt Of Successor Trustee. Beneficiary max,, <br />rom time to t4mZ, by written irlstr-uizeiiT executed, an(, acknCw!-- <br />edged by Beneficiary, mailed to Trustor and recorded in ti-e <br />County in which the property -4-- 'located and '-,-y otherwise comply- <br />ing with the prc,�,isions Of the ipplical.)`e 7. w of I'le <br />quc'ce <br />)r succesE,,_-rs !o thc= <br />or actinq <br />pi <br />u I w s a Z" <br />