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r , 14 - 0011&' . indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the trust estate, the collection of such r,e1ft'8, issues and profits and application t_r.~ ... aforesaid shall not cure or waive anydi1jQ~~ or notice of default hereunder or inval1-.te any act and in response to such default' or' pursuant to such notice of default andt no~~ withstanding the continuance in posses.iou'of the property or the collection, receipt- and application of rents, issues or prof'1,t.sc. Trustee or Beneficiary may be entitled to exercise every right provided for in any of the loan instruments or by law upon occurrence of any event of default, including the ri9ht to exercise the power of sale: (bl this Deed receiver, covenants commence an action to foreclose of Trust as a mortqaeye, appoint a or specifically enforce any of the hereof; leI deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the oroperty to be sold, which notice Trustee shall cauae to be duly filed for record in the official records of the ~ounty in which the property is located. 13. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exerc~se of the power of sale herein contained" Beneficiarr shall notify Trustee and shall deposit with Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and secured hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall file for record. in the Register of Deeds office in the County where the property is located. a notice of default, setting forth the name of the Trustor, the Book and Page or Document No. of this Deed of Trust as recorded 1n said Register of Deeds office, the leqal description of the above-descrihed real estate and that a brellch of an obligation, for which said real estate was conveyed as security, has occurred. and setting forth the nature of such breach and the Trustee's election to sell the real estate to satisfy the obligation; and after the lapse of not less than one (1) month, the Trustee shall give written notice of the time and place of sale which may he between 9:00 a.m. and 5 p.m. at the premises, or at the Courthouse in the County wherein such propertv is located, describing the property to be sold by its legal description, said notice to be published in a newspaper of qeneral circulation in the County wherein such property is located, once a week '01' five 151 consecutive weeks, the last publication to hA ~t le-ast ten (lO} days, but not more than thirty (301 days, prior to the sale; and the Trustee shall then sell said propertv lit the time and place rlesiqnated in the notice, 1n the Manner provided bv law in effect at the time of filing said notice, at public au~tion to the hiqhest hidder for cash and shall deliver ~o such purchaser a deed to the property sold, consistent with the law In effect at the tine. Upon receipt 'Jf pavment. of the price bid, Trust,ee shall deliver to the purchaser, Trustee's deed conveying the property sold. Recitals 111 the "'rustee's deed shall he prima facie evi- dence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following ',rder, (al to all reasonable cost" and expenses of the sale, including but not limited to, Trustee's fees of not !'lore than :1.0 . of the gros!' sale price, reasonable attorney fees and cost'SOT- tltle ....vidence; lbl to all sums sec'll'ed by this Deed "f Tru!'t; and (c) the excess. if any, t.o the peraon nr person!' !egaIly entttled thereto. Any person, ineludinq Beneficiarv, milY purchase ",'lei property at ~a1d sale. -4-