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<br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written <br />notice of default and election to cause Trustor's interest in the property to be sold, which notice <br />Trustee or Beneficiary shall cause to be duly filed for recording in the Official Records ofthe <br />County in which the Property is located; or <br /> <br />(d) Exercise all other rights and remedies provided herein, in the instruments by which <br />the Trustor acquires title to the Property, including any Security, or in any other document or <br />agreement now or hereafter evidencing, creating or securing all or any portion of the obligations <br />secured hereby, or provided by law. <br /> <br />4. Foreclosure by Power of Sale. Should the Beneficiary elect to foreclose by exercise of <br />the power of sale herein contained, the Beneficiary shall notify Trustee and shall deposit with <br />Trustee this Deed of Trust which is secured hereby (and the deposit of which shall be deemed to <br />constitute evidence that the Note Amount is immediately due and payable), and such receipts and <br />evidence of any expenditures made that are additionally secured hereby as Trustee may require. <br /> <br />1. Upon receipt of such notice from the Beneficiary, Trustee shall cause to be <br />recorded, published and delivered to Trustor such notice of default and <br />election to sell as then required by law and by this Deed of Trust. Trustee <br />shall, without demand on Trustor, after lapse of such time as may then be <br />required by law and after recordation of such notice of default and after <br />notice of sale having been given as required by law, sell the Property, at <br />the time and place of sale fixed by it in said notice of sale, either as a <br />whole or in separate lots or Property or items as Trustee shall deem <br />expedient and in such order as it may determine, at public auction to the <br />highest bidder, for cash in lawful money of the United States payable at <br />the time of sale. Trustee shall deliver to such purchaser or purchasers <br />thereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warrant, express or implied. The recitals <br />in such deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including, without limitation, Trustor, <br />Trustee or Beneficiary, may purchase at such sale, and Trustor hereby <br />covenants to warrant and defend the title of such purchase or purchases. <br /> <br />11. After deducting all reasonable costs, fees and expenses of Trustee, <br />including costs of evidence of title in connection with such sale, Trustee <br />shall apply the proceeds of sale to payment of (i) the Note Amount;(ii) all <br />other sums then secured hereby; and (iii) the remainder, if any, to the <br />person or persons legally entitled thereto. <br /> <br />111. Trustee may postpone sale of all or any portion of the Property by public <br />announcement at such time and place of sale, and from time to time <br />thereafter, and without further notice make such sale at the time fixed by <br />the last postponement, or may in its discretion, give a new notice of sale. <br /> <br />5. Receiver. If an Event of Default shall have occurred and be continuing, Beneficiary, as a <br /> <br />City.HO.DOT <br /> <br />Page 10 of 15 <br /> <br />2/8/10 <br />