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r 82,--1106537 r publication to be at least ten (l 0) 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 evi- dence 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, tn~u4~q but not limited to, Trustee's fees of not more than ~fI 6f"'~e 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. The person conducting the sale may, for any cause he or she deems expedieI'!t, postpone the sale from time to time until it shall be completed and, in every such case, notice of postpone- ment shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than one (1) day beyond the date designated in the notice of sale, notice thereof shall be given in the same manner as the original notice of sale. 13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedT'pss 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 now or hereafter enforced, notwithstanding some or all of the ir."''oted- ness and obligations secured herebv which may now or herea: ter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceotance 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 Trustee's or Beneficiary's right to realize upon or enforce any other ~ecurity now or here- after held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or here- after held by the Beneficiary or Tru~tee in such order and manner as they, or either of them, may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitt.ed, but each 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 statute. Every power or remedy given by any of the loan instru- ments to Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, frOlll time to time and as often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Bene- ficiary from seeking a deficiency judgment against Trustor to the extent such action is permitted by law. L 14. Re~uest for Notice. Trustor hereby requests a copy of aoy notice 0 default and that any notice of sale hereunder be mailed to Trustor at the address set forth in the first paragraph of this Deed of Trust. IS. Appointment of Successor Trustee. Beneficiary may, from time to time, by written instrument executed and acknowledged by Bener iciary, mailed to Trustor and recorded in the County in which the property is located and by otherwise cOlllplyinc; with t.he provisions of the dpplicable law of the State -5-