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EXHIBIT D <br /> (6) That upon default Trustor in payment of any indebtedness secured hereby <br /> or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby <br /> immediately due and payable by delivery to Trustee of written declaration of default and demand <br /> for sale and of written notice of default and of election to cause to be sold said property, which <br /> notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this <br /> Deed, said note and all documents evidencing expenditures secured hereby. <br /> After the lapse of such time as may then be required by law following the recordation of <br /> said notice of default, and notice of sale having been given as then required by law, Trustee, <br /> without demand on Trustor, shall sell said property at the time and place fixed by it in said notice <br /> of sale, either as a whole or in separate parcels, and in such order as it may determine, at public <br /> auction to the highest bidder for cash in lawful money of the United States, payable at time of <br /> sale. Trustee may postpone sale of all or any portion of said property by public announcement at <br /> such time and place of sale, and from time to time thereafter may postpone such sale by public <br /> announcement at the time fixed by the preceding postponement. Trustee shall deliver to such <br /> purchaser its deed conveying the property so sold, but without any covenant or warranty, express <br /> or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the <br /> truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter <br /> defined,may purchase at such sale. <br /> After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of <br /> evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: <br /> all sums expended under the terms hereof, not then repaid, with accrued interest at the amount <br /> allowed by law in effect at the date hereof; all other sums then secured hereby; and the <br /> remainder, if any, to the person or persons legally entitled thereto. <br /> (7) Beneficiary, or any successor in ownership of any indebtedness secured <br /> hereby, may from time to time, by instrument in writing, substitute a successor or successors to <br /> any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary <br /> and duly acknowledged and recorded in the office of the recorder of the county or counties <br /> where said property is situated, shall be conclusive proof of proper substitution of such successor <br /> Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all <br /> its title, estate, rights, powers and duties. Said instrument must contain the name of the original <br /> Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and <br /> the name and address of the new Trustee. <br /> (8) That this Deed applies to, inures to the benefit of, and binds all parties <br /> hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The <br /> term Beneficiary shall mean the owner and holder, including pledgees, of the note secured <br /> hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so <br /> requires, the masculine gender includes the feminine and/or neuter, and the singular number <br /> includes the plural. <br /> (9) That Trustee accepts this Trust when this Deed, duly executed and <br /> acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any <br /> party hereto of pending sale under any other Deed of Trust or of any action or proceeding in <br /> which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. <br /> Exhibit C <br />