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<br />fora required by law, which shall be duly filed for <br />record by Trustee. <br />(1) After the lapse of such time as may be required <br />by law following the recordation of said notice <br />of default, and notice of default and notice of <br />sale having been given as required by law, <br />Trustee, without demand on Trustor, shall sell <br />said property on the date and at the time-and <br />place designated in said notice of sale, at <br />p,tblic auction to the highest bidder, the pur- <br />chase price payable in lawful money of the <br />United States at the time of sale. The person <br />conducting the sale may, for any cause he deems <br />expedient, postpone the sale from time to time <br />until it shall be completed and, in every such <br />case, notice of postponement shall be given by <br />public declaration thereof by such person at the <br />time and place last appointed for the sale; pro- <br />vided, if the sale is postponed for longer than <br />one (1) day beyond the day designated in the <br />notice of sale, notice thereof shall be given <br />in the same manner as the original notice of <br />sale. Trustee shall execute and deliver to <br />the purchaser its Deed conveying said property <br />so sold, but without any covenant or warranty, <br />express or implied. The recitals in the Deed of <br />any matters or facts shall be conclusive proof <br />of the truthfulness thereof. Any person, in- <br />cluding Beneficiary, may purchase at the sale. <br />(2) When Trustee sells pursuant to the powers herein, <br />Trustee shall apply the proceeds of the sale to <br />payment of the costs and expenses of exercising <br />the power of sale and of the sale, including <br />the payment of Trustee's fees actually incurred, <br />which Trustee's fees shall not in the aggregate <br />exceed the following amounts based upon the <br />amount secured hereby and remaining unpaid: <br />S per centum on the first $1,000.00 thereof, <br />.O5 per centum on the balance thereof; and <br />then to the items in subparagraph (3) in the <br />order there stated. <br />(3) After paying the items specified in subparagraph <br />(2) if the sale is by Trustee, or the proper <br />court and other costs of foreclosure and sale <br />if sale is pursuant to judicial foreclosure, <br />the proceeds of sale shall be applied in the <br />order stated to the payment of: <br />(a) Cost of any evidence of title procured in <br />connection with such sale and of any tax <br />on the conveyance; <br />(b) All sums then secured hereby; <br />(c) All expenses of upkeep, maintenance, and <br />utilities incurred in connection with <br />such sale; <br />(d) The remainder, if. any, to the person or <br />persons legally entitled thereto. <br />D. Upon the occurrence of any default hereunder, Bene- <br />ficiary shall have the option to foreclose this Trust <br />Deed in the manner provided by law for the fore- <br />closure of mortgages on real property. <br />- 3 - <br />