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<br />84 --" 002421
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<br />r
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<br />withstanding the continuance in possession of
<br />the property or the collection, receipt and
<br />application of rents, issues or profits,
<br />Trustee or Beneficiary may be entitled to
<br />exercise every ri9ht provided. for in. any of
<br />the loan instruments or by law upon occur~
<br />rence of any event' of default, incllld'in9 the
<br />right to e~ercise the power of sale;
<br />
<br />(b)
<br />this Deed
<br />receiver,
<br />covenants
<br />
<br />commence an action to
<br />of Trust as a mortgage,
<br />or specifically enforce any
<br />hereof;
<br />
<br />
<br />(cl deliver to Trustee a
<br />declaration of default and demand for
<br />and a written notice of default and
<br />to cause Trustor t s interest in the
<br />to be sold, which notice Trustee
<br />to be duly filed for record in the
<br />records of the county in which
<br />is located.
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<br />13. Foreclosure hv Power of Sale. ShouldBeneficili
<br />to foreclose by e~ercise of the power of salehere'iin9pn
<br />Beneficiary shall notify Trustee and shall deposit wiotb. <,'
<br />this Deed of Trust and the note and such receipts andevi~~'Jjc
<br />expenditures made and secured hereby cs Trustee mayrequil:'ei;..i .,
<br />upon request of the Beneficiary, the Trustee shall fileforc',
<br />record, in the Register of Deeds office in the County whe7e.ttt~,.,
<br />property is located, a notice of default, setting forth then?l~i>
<br />of the Trustor. the Book and Page or Documelit No. of thisPl'ed;();;..'"
<br />Trust as recorded in said Reqist"er of Deeds office",;tlle"legAJ..,o.:'i:,..
<br />description of the above-described real estate and thata,HJ:~~ '"
<br />of an obligation, for which said reill estate was conveyed
<br />security, has occurr~d, and setting forththt:lnatllJ;'~q
<br />breach and the Trustee' selection tasel.l thereCl:l,;es'
<br />satisfy the obligation; and after the lapse. of notless;.....
<br />(I) month, the Trustee shall give written notice of thet>iJnec';~~~;""<"
<br />place of sale which may be between 9,00 a.m. and 5 p.m.a~t;}jt\i"'i'./"
<br />premises, or at the courthouse in the Coun.ty whereinsuch';pr.oPeJ:r.ty:
<br />is located, describing the property to be sold by its le<:ra,~
<br />description, said notice to be published in a newspape~ of
<br />general circulation in the County wherein such pro.pertyi~;
<br />located, once a week for five (5) co.nsecutive weeks,the l.a$;t:
<br />publication to be at least ten (10 I days, but not J1\orej;;lia.ti.
<br />thirty (30) days, prior to the saIl'; and the Trust.eeshallFheni;
<br />sell said pro.perty at the time and place designated in t.h!!
<br />notice, in the manner provided by l.aw in effect.' at the timeo.!
<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 oavment of the p!:'ice bid, Trvstee Shllll
<br />deliver to the purchaser, Trustee's deed conveying the property
<br />sold. Recitals in the Trustee's deed shall be prima facie evi-
<br />dence of the truth of the statements made therein, Trustee shall
<br />apply the proceeds of the sale in the following order: (a) to
<br />all reasonabl~ costs and expenses of the sale, including but not
<br />limited to, Trustee's fees of not more than 3 % of the gross
<br />sale price, reasonable attorney fe~s and costs of title evidence;
<br />(b) to all sums secured by this Deed of Trust.; and (cl the
<br />excess, if any, to the person or persons legally entitled thereto.
<br />Any person, including Beneficiary, may purchase said property at
<br />said sale.
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<br />The person conducting the sale may, for any cause he or she
<br />chilems e)(~d.ient, postpone the sale from time to time unlil it
<br />snaIl be COmpleted and, in every f,uch case, notice of postpone-
<br />ment shall be given by pUblic deClaration thereof by such person
<br />at the tilOO and place last appointed for' the sale; provided, If
<br />the sale is post.pClned for longer than one (1) day beyond the date
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