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; ~'_. 006348 located, once a week for five (5\ consecutive weeks, the last publication to be at least ten UO) days, but not more than thirty (30l days, prior to the saler and the Trustee shall then sell said property at the time and place desiqnated in the notice, in the manner provided by law in effect at the time of filinq said notice, at public auction to the hiqhest bidder for cash and shall deliver to such purchaser a deed to the property sold, consistent with the law in effect at the time. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, Trustee's deed conveyinq the property sold. Recitals in the Trustee's deed shall be prima facie evi- dence of the truth of the statements made therein. ~stee shall apply the proceeds of the sale in the follovinq order: fa) to all reasonable costs and expenses of the sale, includin9 bat not limited to, Trustee's fees of not more than ~, of the qroslI sale price, reasonable attorney fees and costs.of title evidence, (b) to all sums secured by this Deed of Trust Conlltructicm Security Agreementr and Ie) the excess, if any, to the person or persons legally entitled thereto. Any person, includinq Beaefi- ciary, _y purchase said property at said sale. f I , t I The person conducting the sale may, for any cause he or &be deeP. expedient, postpone the sale from time to time until it ~hall be completed and. in every such case, notice of postpone- ment shall be given by public declaration thereof by &Ben ~~. at the time and place last appointed for the saler provided. if the sale is postponed for longer than one (I) day beyond the date designated in the notice of sale, notice.thereof shall be qiven in the same manner as the original notice of sale. 14. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this Deed of Trust Construction Security Aqreement or under any loan instrument or other aqr....nt or any laws now or hereafter enforced, notvi thstandinq _ or all of the indebtedr.~ss and obligations secured hereby which may now or hereafter be otherwise secured, whether by DIOrtgaqe, deed of trust, pledge, lien, assignment or otherwise. weither the acceptance of this Deed of Trust Construction Security AqrelRlnt nor its enforcement, whether by court action or pur~~~nt to the t)()Wer of uJ.e or other powers herein contained. shall prejudice or in any m.snner affect Trustee's or Beneficiary I s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being aqreed that 'l'rWStee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust Construction Security Aqr....nt and aay other security now or heraafter held by the Beneficiary or Trustee in such order and manner as they, or either of them, mey in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of aay ot:her remedy herein or by law provideJ or permitted, but 8Ach shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by st..~ute. Every power or remedy given by any of the loan instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled mey be exercised, concurrently or independently, from tiae to tiae and as often as may be deemed expedient by Trustee or Beneficiary, and either of them -y pursue inconsistent remedies. Nothlnq herein shall be construed as prohibitinq BenefiCiary from 5e.kine;; a deUciency judgment against Trustor to the extent such action is permitted by law. L 15. ~el!St for Notice. Trustor hereby request.s Il copy of any notice-oT default and that Any notice of sale hereunder be mailed to Tr\UJltor lilt the addrelll!l set forth in the Ul'!lIt paragraph of this l')eed of Trust Construction Security Aqreement. Hi. ~1ntJM;nt of Succel$llor TrUilltee. ~n4!\'f ichrv IHY. from tillle to t I.., by wrI tten illllltru..flt. execut@d and .clmowl- ed<,Jed Benef ichry. lIIailed to "!"rullltor and recorded i 1I"l the Cmmty wh!(~h the property if.! loc~ted .and by oth.rw.t!'!~ eOll'lply- .....tf')_ -1 I