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���1���05 <br />provided, if the sale is postponed for longer than one (1) day beyond the day designated <br />in the Notice of Sa1e, notice thereof sha11 be given in the same manner as the original <br />Notice of Sa1e. TRUSTEE sha11 execute and deliver to the purchaser his Deed <br />conveying said property so sold, but without any covenant or warranty, express or <br />implied. The recitals in the Deed of any matters or facts sha11 be conclusive proof of the <br />truthfulness thereof. Any person, including BENEFICIARIES, may purchase at the <br />sale. TRUSTORS hereby covenant, warrant and defends the title of the above property <br />to purchaser at sale. <br />D. When the TRUSTEE sells the trust properly pursuant to the powers granted herein, the <br />TRUSTEE sha11 apply the proceeds from the sale of such properiy in the following order <br />of priority: <br />1. To the cost and expense of exercising the power of sale and of the sa1e, including <br />attorney fees, evidence of title and other sale expenses, and a trustee's fee not to exceed <br />One percent (1%) of the gross sale price; <br />2. To the payment of the obligation secured by this DEED OF TRUST and Trust Deed <br />Note; <br />3. To the payxnent of junior Trust Deeds, mortgages, or other lien holders; <br />4. The balance, if any, to the person or persons legally entitled thereto. <br />E. Upon the occurrence of any default hereunder, BENEFICIARIES shall have, in addition to <br />such other options as may be granted herein, the further option to foreclose this DEED OF <br />TRUST in the manner provided by law for foreclosures of mortgages on real property. <br />F. BENEFICIARIES may from time to time substitute a successor or successors to any <br />TRUSTEE named herein or acting hereunder. Upon such appointment, and without <br />conveyance to the successor TRUSTEE, the latter shall be vested with a11 title, powers, and <br />duties conferred upon any TRUSTEE herein named or acting hereunder. Each such <br />appointment and substitution sha11 be made by written instrument and executed by <br />BENEFICIARIES, containing reference to this DEED OF TRUST and its place of record, <br />which, when recorded in the Office of the Register of Deeds of the county or counties in <br />which said property is situated, sha11 be conclusive proof of proper appointment of the <br />successor TRUSTEE. The foregoing power of substitution and the procedure therefore <br />shall not be exclusive of the power and procedure provided for by law for the substitution <br />of a TRU5TEE in the place of the TRUSTEE named herein. <br />G. TRUSTORS covenant and agree that upon any attempted conveyance, assignment, pledge <br />or transfer of any of their interest in the premises during the term of the loan secured <br />hereby, the BENEFICIARIES shall have the option of declaring the unpaid balance <br />immediately due and payable, and if said sum remains unpaid for fifteen (15) days <br />thereafter, BENEFICIARIES can cause Notice of Default to be given and the premises be <br />sold as provided herein. <br />H. As additional and collateral security for the loan, and efFective forthwith upon filing of a <br />Notice of Default, this instrument sha11 serve as an assigrunent by the TRUSTORS to the <br />TRUSTEE, of all rents and revenues resulting from the property, and TRUSTEE is <br />authorized to take possession of the property, rent or lease the same on terms he deems <br />best and to collect the rents and revenues and apply the same upon unpaid interest, <br />principal, taxes or insurance premiums or for maintenance and preservation of the <br />premises. <br />I. The waiver by TRUSTEE or BENEFICIARIES of any default of TRUSTORS under this <br />DEED OF TRUST, on one occasion, shall not be or be deemed to be a waiver of any other <br />or similar defaults subsequently occurring. <br />-3- <br />