<br />200805276
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<br />Trustor's interest in the Trust Estate at the time and place of sale fixed by it in
<br />such notice of sale, either as a whole, or in separate lots or parcels or items as
<br />Lender shall deem expedient, and in such order as it may determine, at public
<br />auction to the highest bidder for cash in lawful money of the United States
<br />payable at the time of sale, or as otherwise may then be required by law. Trustee
<br />shall deliver to such purchaser or purchasers thereof its good and sufficient deed
<br />or deeds conveying the property so sold, without any covenant or warranty,
<br />express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including, without
<br />limitation, Trustor or Lender, may purchase at such sale and Trustor covenants to
<br />warrant and defend the title of such purchaser or purchasers. Lender shall have
<br />the right to credit bid at any such sale.
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<br />(iii) Trustee or Lender may sell not only the real property but also the
<br />Personal Property and other interests which are a part of the Trust Estate, or any
<br />part thereof, as a unit and as a part of a single sale, or may sell any part of the
<br />Trust Estate separately from the remainder of the Trust Estate. Neither Trustee
<br />nor Lender shall be required to take possession of any part of the Trust Estate or
<br />to have any of the Personal Property present at any sale of the Trust Estate.
<br />Trustee or Lender may appoint or delegate anyone or more persons as agent to
<br />perform any act or acts necessary or incident to any sale held by Trustee or
<br />Lender, including the posting of notices and the conduct of sale, but in the name
<br />and on behalf of Lender. If any sale hereunder is not completed or is defective in
<br />the opinion of Trustee or Lender, such sale shall not exhaust the power of sale
<br />hereunder, and Trustee or Lender shall have the right to cause a subsequent sale
<br />or sales to be made hereunder.
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<br />(iv) As may be permitted by law, after deducting all costs, fees and
<br />expenses of Trustee and of this Deed of Trust, including costs of evidence of title
<br />in connection with sale, Trustee or Lender shall apply the proceeds of sale (A)
<br />first, to payment of all costs, fees and expenses, including attorneys' fees and
<br />expenses incurred by Lender in exercising the power of sale or foreclosing this
<br />Deed of Trust, (B) second, to the payment of the Obligations (including, without
<br />limitation, the principal, accrued interest and other sums due and owing under the
<br />Note and the amounts due and owing to Lender under this Deed of Trust) in such
<br />manner and order as Lender may elect, and (C) third, to the payment of junior
<br />deeds of trust, mortgages or other lienholders, and the balance, if any, to the
<br />person or persons legally entitled thereto, and (D) fourth, the remainder, if any,
<br />shall be paid to Trustor, or such other persons as may be legally entitled thereto.
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<br />(v) Trustee may, in the manner provided by law, postpone sale of all
<br />or any portion of the Trust Estate by public announcement at such time and place
<br />of sale, and from time to time thereafter may postpone such sale by public
<br />announcement or subsequently noticed sale, and without further,notice make such
<br />sale at the time fixed by the last postponement, or may, in it discretion, give a new
<br />notice of sale.
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<br />4820-8559-3602.1
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