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200809278 notice of the time and place of sale which may be between 9:00 a.m. and 5:00 p.m. at the premises, or at the Court House in the County wherein such property is located, describing the property to be sold by its legal description, said notice to be published in a newspaper of general circulation in the County wherein such property is located, once a week for five (5) consecutive weeks, the last publication to be at least ten (10) days, but not more than thirty (30) days, prior to the sale; and the Trustee shall then sell said property at the time and place designated in the notice, in the manner provided by law in effect at the time of filing said notice, at public auction to the highest 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 conveying the property sold. Recitals in the Trustee's Deed shall be prima facia evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) To all reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees of not more than 1 % of the gross sale price, reasonable attorney fees and costs of title evidence; (b) To all sums secured by this Deed of Trust; and, (c) The excess, if any, to the person or persons legally entitled thereto. Any person, including Beneficiary, may purchase said property at said sale. 11. 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 or under any loan instrument or other agreement or any laws nor or hereafter enforced, notwithstanding some or all of the indebtedness and obligations secured hereby which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by Court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in 'any manner affect