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<br />g. At the Trustee's Sale, Trustee shall have the right: (1) to require every bidder to show evidence of his ability to <br />deposit with Trustee the full amount of his final bid in cash, or its equivalent satisfactory to Trustee, prior to and <br />as a condition to the recognition of such bid, and to conditionally accept and hold these amounts for the duration <br />of the sale, and (2) to require the last and highest bidder to deposit, if he has not already done so, the full <br />amount of his final bid in cash, or its equivalent satisfactory to Trustee, immediately prior to the sale's <br />completion, its completion being announced by the fall of the hammer or in another customary manner. Vendor <br />shall have the right to offset his bid(s) only to the extent of the total amount due him including the tnustee's fees <br />and expenses. <br /> <br />h. If Trustee has not required the last and highest bidder to deposit the cash or equivalent in the manner set forth in <br />(g) above, Trustee shall complete the sale. If said bidder refuses to deliver the amount of his final bid in cash or <br />its equivalent when demanded to do so by Trustee, the bidder shall be liable to Trustee for all damages which <br />Trustee may sustain by the refusal of bidder to deliver to Trustee the amount of the final bid, including any court <br />costs and reasonable attorney's fees. If the last and final bidder willfully fails to deliver to Trustee the amount of <br />his final bid in cash or its equivalent, the bidder shall be guilty of a misdemeanor punishable by a fine of not <br />more than two thousand five hundred dollars ($2,500). Any postponement or discontinuance of the sale <br />proceedings shall be a cancellation of the last bid. <br /> <br />i. After deducting all costs, fees and expenses of Trustee and of this Contract, including the cost of evidence of title <br />in connection with sale, Tnustee shall apply the proceeds of the sale to the payment of: (1) all sums expended <br />under the tenms hereof, not then repaid, with accnued interest at the amount allowed by law in effect at the date <br />hereof; (2) all other sums then secured hereby; and (3) the remainder, if any, to the person or persons legally <br />entitled thereto. <br /> <br />j. Vendor and Vendee lose all respective rights, title and interests in the properly sold by Trustee's Sale, when the <br />Trustee's Deed, subsequent to the notice of default and the exercise of Vendor's power of sale, is executed in <br />favor of the purchaser or purchasers at the sale. <br /> <br />k. No deficiency judgment shall lie in any event after the sale of the properly under Tnustee's power of sale pursuant <br />to the terms of this Contract. <br /> <br />VENDOR'S STATEMENT <br /> <br />7. The Vendor or his authorized agent shall, on the written demand of the Vendee or authorized agent, made at any time <br />before, or within ninety days after, the recording of a notice of default under this Contract, if the power of sale herein is <br />to be exercised, or otherwise made more than 30 days prior to entry of the decree of foreclosure, and upon the <br />payment of $15.00 or such other amount authorized by law, prepare and deliver to the person demanding it, a written <br />statement showing: <br /> <br />a. The amount of the unpaid balance of the obligation secured by this Contract and the interest rate together <br />with the total amounts, if any, of all overdue installments of either principal or interest, or both. <br />b. The amounts of periodic payments, if any. <br />c. The date on which the obligation is due in whole or in part. <br />d. The nature, and, if known, the amount of any additional charges, costs or expenses paid or incurred by the <br />Vendor which have become a lien on the properly as part of the obligation secured hereby. <br />e. The date to which real estate taxes and special assessments have been paid to the extent such information <br />is known to the lender. <br />f. The escrow balance applicable to this contract. <br /> <br />SUBSTITUTION OF TRUSTEE <br /> <br />8. Vendor, or any successor in ownership of any indebtedness secured hereby, may from time to time, by written <br />instnument, substitute a successor or successors to any trustee named herein or acting hereunder, which instrument, <br />executed by the Vendor and duly acknowledged and recorded in the office of the recorder of the county or counties <br />where the properly is situated, shall be conclusive proof of proper substitution of such successor trustee or trustees, <br />who shall, without conveyance from the predecessor trustee, succeed to all its title, estate, rights, powers and duties. <br />Said instrument must contain the name of the original Vendee, Trustee and Vendor, hereunder, the name and <br />address of the new trustee, and if the Contract has been recorded, the book and page in which it can be found and/or <br />instrument number under which it has been recorded. <br /> <br />6 <br />