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I 84 - 002973 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 provided for in any of the loan instruments or by law upon occur- rence of any event of default, including the right to exercise the power of sale; (hI this Deed receiver, covenants commence an action to foreclose of Trust as a mortgaqe, appoint ,a or specifically enforce any of the hereof; (cl deliver to Trustee a written declaration of default ilnd demand for sale, and a written notice of default and election to cause Trustor's interest in the property to be sold, Which notice Trustee shall cause to be duly filed for record in the official records of the county in which the property is located. 13. foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of the power of sale herein contained,' Beneficiary shall l'otify Trustee and shall deposit with Trustee this Deed of Trust "nd the note and such receipts and evidence of expenditures made and secured hereby as Trustee may require, and upon request of the Benef ieiar)', the Trustee sha 11 file fOr record, in the Register of Deeds office in the County where the property is located, a notice of detault, setting forth the name of the Trustor l the Book and Paqe or Document No. of this De-e-d of Trust as recorded in said RC<lister of Deeds office, the legal description of the above-described real estate and that a breach of an obligation, for which said real estate was conveyed as security, has occurpld, and setting forth the nature of sucli hreAch and the Trustee f s election to' sell the real estat_0 to satiSfy the obliqation; and after the lapse of not less th1!on one llJ month, the Trustee shall give written notice of the time and place of sale which IT'oay be between 9:00 ,'l.m. and 5 p.m. at the premises, or at the Courthouse in the County wherein such property is located, describinq the property to be sold by its legal description, said notice to be publi::>hed in a new!:lpaper of general circulation in the County wherein such property is located, once a ....eek for five (5) consecutive weeks, the last publication to be at least ten (lO) days, but not mOrc than thirty (301 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 facie 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, including but not limited to, Trustee's fees of not more than 3.0 % of the gross sale price, reasonable attorney fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (e) the excess, if any, to th~' person or persons legally entitled tbet'E!to. Any person, including Beneficiary, may purchase said property at Hid sale. The person conducting the sale may, for any cause he or "he de_s exped1 E!nt, postpone the sale from t1me to time until it shall be completed and. in every such case, not ice of postpone- ment: aJulll be 'Jiven by public declaration then-ot by such person 4.t the. tilOO and place last appointe.d for the sale; prOVided, If the lI..le is postponed for lonqe-r than one (1) dlly beyond the date -4-