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85- 005863
<br />premises, or at the Courthouse in the County wherein such property is
<br />located, describing the property to be sold by its legal description,
<br />said notice to be published in a newspaper of general circulation in
<br />the County wherein such property is located, once a week for five (5)
<br />consecutive weeks, the last publication to be at least ten (10)days,
<br />but not more than thirty (30) days, prior to the sale; and the Trustee
<br />shall 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 filing
<br />said notice, at public auction to the highest bidder for cash and shall
<br />deliver to such purchaser a deed to the property sold, consistent with
<br />the law in effect at the time.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to
<br />the purchaser, Trustee's deed conveying the property sold. Recitals in
<br />the Trustee's deed shall be prima facie evidence of the truth of the
<br />statements made therein. Trustee shall apply the proceeds of the sale
<br />in the following order: (a) to all reasonable costs and expenses of the
<br />sale, including but not limited to, Trustee's fees of not more than
<br />one a of the gross sale price, reasonable attorney fees and costs of
<br />title evidence; (b) to all suns secured by this Deed of Trust Construction
<br />Security Agreement; and (c) the excess, if any, to the person or persons
<br />legally entitled thereto. Any person, including Beneficiary, may purchase
<br />said property at said sale.
<br />The person conducting the sale may, for any cause be or she deeris.
<br />expedient, postpone the sale from time to time until it shall be completed
<br />and, in every such case, notice of postponement shall be given by public
<br />declaration thereof by such person at the time and place last appointed for
<br />the sale; provided, if the sale is postponed for longer than one (1) day
<br />beyond the date designated in the notice of sale, notice thereof shall be
<br />given in the same manner as the original notice of sale.
<br />14. Remedies Not INclusive. Trustee and Beneficiary, and each of
<br />them, shall be entitled to enforce payment and performance of any indebted-
<br />ness or obligation secured hereby and to exercise all rights and powers under
<br />this Deed of Trust Construction Security Agreement or under any loan instru-
<br />ment or other agreement or any laws now or hereafter enforced, notwithstanding
<br />some or all. of the indebtedness and obligations secured hereby which may now
<br />or hereafter be otherwise secured, whether L mortgage, deed of trust, pledge,
<br />lien, assignment or otherwise. Neither the acceptance of this Decd of Trust
<br />Construction Security Agreement nor its enforcement, whether by court action
<br />or pursuant to the ptxver of sale or other powers herein contained, shall
<br />prejudice or in any manner affect Trustee's or Beneficiary's right to realize
<br />upon or enforce any other security now or hereafter held by Trustee or Bene-
<br />ficiary, it being agreed that Trustee and Beneficiary, and each of them, shall
<br />Ix- entitled to enforce: this Deed of Trust Construction Security Agreement and
<br />any other security now or hereafter held by the Beneficiary or Trustee in
<br />such order and manner as they, or either of than, may in their absolute
<br />discretion determine. No remedy herein conferred upon or reserved to Trustee
<br />or Beneficiary is intended to fie exclusive of any other remedy herein or by
<br />law provided or permitted, but each shall ix, cumulative and shall be in
<br />addition to every other r•eriedy given hereunder or now or hereafter existing
<br />at law or in equity or by statute. 13veil, power or mm-.dy given by any of the
<br />lour instruments to Trustee or Beneficiary or to which either of Owmi mgry be
<br />otherwise entitled my lx� exercised, concurrently or independently, from time
<br />to time and as often as arty he de(my-A oxp_,dient by Trustee or Beneficiary,
<br />and either of than may pursue inconsist.ent, remedies. Nothing herein shall be
<br />(x)nstruvd as pr-ohibiting Beneficiary from seeking :a deficiency ,juc4M fit
<br />lr;,;ainst Trtistor• to the (,Xtent such action i5 lx:nnft.terl by law.
<br />15. !�Cuqtuest for Notice. Ttustor heir• i)y rcr }uests a copy of any notico
<br />of default and that any notice of rule hereunder, 1_k� tirailcri to Trustor at the
<br />addre -s het: forth in the first, pat•agraph of this Deed of TI•arst Const.r•uctioil
<br />'"' .°u r f ty rlgr cy rrx�n t. .
<br />16. AU1!, ntnxant. of Successor. '1'rtlat(4.. 114'ne`fieim -y nt(ry, froill I inx` to
<br />I by wt ittem rnwtt�41IN'ltt. (�X( Tt'rf and ackntm`I((k,4xI h} fk`nefr(i rr•y, it ti I(ri
<br />io'Imistor an(' r•(gx>rdexf in the Countv in whiuh th(• pnip 11%. is I(,c :Iteri and
<br />}n,` o1juirwise chip it ink; with the r f the tppl irahl(' h1w „f the
<br />.•itaat! (if' N($)t1fska, tllhst itilty d iiui?N41
<br />-t-in (,r ac I in}; hot- (`tmder.
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