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<br />83-006413
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<br />receiver, or specifically enforce any of the
<br />covenants hereof;
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<br />(c) deliver to Trustee a written
<br />declaration of default and demand for sale,
<br />ar.d a written notice of default and election
<br />to cause Trustor's interest in the property
<br />to be sold, which notice Trustee shall cause
<br />to be duly filed for record in the official
<br />records of the county in which the property
<br />is located.
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<br />12. Foreclosure by Power of Sale. Should Beneficiary elect
<br />to foreclose by exercise of the Dower of sale herein contained,
<br />Beneficia~l shall notify Trustee.and shall deposit with Trustee
<br />this Deed of Trust and the note and such receipts and evidence of
<br />expenditures made and secured hereby as Trustee may require, and
<br />upon request of the Beneficiary, the Trustee shall file for
<br />record, in the Register of Deeds office in the County where the
<br />property is located, a notice of default, setting forth the name
<br />of the Trustor, the Book and Page or Document No. of this Deed of
<br />Trust as recorded in said Register of Deeds office, the legal
<br />description of the above-described real estate and that a breach
<br />of an obligation, for which said real estate was conveyed as
<br />security, has occurred, and sett.ing forth the nature of such
<br />breach and the Trustee 1 s election to sell the real estate to
<br />satisfy the obligation; and after the lapse of not less than one
<br />(l) month, the Trustee ~hall give written notice of the time and
<br />place of sale which may be between 9:00 a.m. and 5 p.m. at the
<br />premises, or at the Courthouse in the County wherein such property
<br />is located, describing the property to be sold by its legal
<br />description, said notice to be published in a newspaper of
<br />general circulation in the County wherein such property is
<br />located, once a week for five (5) consecutive weeks, the last
<br />publication to be at least ten nO) days, but not more than
<br />thirty (30) days, prior to t.ne saler and the Trustee shall _,len
<br />sell said property ~t the time and place designated in the
<br />notice, in the manner provided by law in effect at the time of
<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 in effect at the time.
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<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 facia evi-
<br />dence of the truth of the statements made therein. Trustee shall
<br />apply the proceeds of the sale in the following order: (al to
<br />all reasonable costs and expenses of the sale, including but not
<br />limited to, Trustee's fees of not more than three percent (3%) of
<br />the gross sale price, reasonable attorney fees and costs of title
<br />evidence; (b) to all sums secured by 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.
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<br />The person conducting t~e 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 every 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 notice of sale, notice thereof shall be given
<br />in the same manner as the original notice of sale.
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<br />13. Resaedie$ Not Exclusive. Trustee and Beneficiary, and
<br />each of them, shall be entitled to enforce payment and performance
<br />of: any indebtedneslI or obligation secured hereby and to exercise
<br />all rights and powers under this Deed of Trust or under any loan
<br />inatI'u_nt or other agreement or any laws now or hereafter
<br /><!Jnforced, notwithstanding some or all of the indebtedness and
<br />obliqations secured hereby which may now or hereafter be otherwise
<br />secured, w!'letJler by mortgAge, deed of t.rust, pledge, 1 i.an.
<br />a$8i~ent or otherwise. Neither the acceptance of this Deed of
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