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r 84..-' 002286 i withstanding the continuance in possession of the property or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary may be entitled to exercise every right perovided for in .nyof the loan instruments ot by la,w upon. o~curi'" rence of any event of default, including thE!' right to exercise the power of sale1 (bl this Deed receiver, covenants commence an action to. fOX'eclos'e of Trust as a mortgage, appoin't 1:1 or specifically enforce any of:tnei hereof 1 (c) deliver to Trustee a writt~n declaration of default and demand for sale;. and a written notice of default andelect:ton to cause Trustor' 5 interest in the property'. to be sold, which notice Trustee shall. clW'$B. to be duly filed for record in the oftici~~; records of the county in which the propertY is located. 13. Foreclosure by Power of Sale. Should to foreclose by exercise of the power of sale Beneficiary shall notify Trustee and sha:l deposit this Deed of Trust and the note and such receipts and expenditures made and secured hereby as Trustee may upon request of the Beneficiary, the Trustee shall record, in the Register of Deeds office in the County whera t~.. property is located, a notice of default, setting forth the n~' of the Trustor, the Book and Page or Document No. of this [teed Trust as recorded in said Reqister of Deeds office, tfi~^ . description of the above-described real estate and thaea of an obligation, for which said real estate wa$ oonv security, has occurrw, and setting forth the nature" breach and the Trustee's election to sell the :real.' e satisfy the obligatioo1 and after the lapse of not. le$~' (I) month, the Trustee shall give written notice of the place of sale which may be between 9:00 a.m. and 5 p.m. premises, or at the Courthouse in the County wherein s~ch is located. describing the property to be sold by its description, said notice to be published in a newspape^r general circulation in the County wherein such property located, once a week for five (51 consecutive we.ek$,. the..liJ.,$:t:;; publication to be at least ten (101 days, but not l1\Qlte titan' thirty (30) days, prior \:0 the sale1 and the Trustee shaJ.l t1l'el\ sell said property at the time and place designated in the notice, in the manner provided by law in effect at the time o4i filing said notice, at puhlic 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 facie evi- dence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: {al to all reasonable costs and expenses of the sale, including but not limited to, Trustee's fees of not more than ~% of the gros~ sale pric~, reaso~able attorney fees and costs o~ title evidence; (l:)} 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 s..id sale. The person conducting the sale may, for any cause he or sh~ deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postpone- ment shall blll qillen 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 -4-