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its election to cause the Property to be sold to satisfy the obligations hereof and shall cause such <br />notice to be recorded in the office of the Recorder of each County wherein the Property or some <br />part thereof is situated as required by law and this Deed of Trust. <br />Prior to publication of the notice of sale, Beneficiary shall deliver to Trustee this Deed of <br />Trust and the Note or other evidence of indebtedness which is secured hereby, together with a <br />written request for the Trustee to proceed with a sale of the Property, pursuant to the provisions <br />of law and this Deed of Trust. <br />Notice of sale having been given as then required by law, and not less than the time then <br />required by law having elapsed after recordation of such notice of default, Trustee, without <br />demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, <br />either as a-whole or in separate parcels and in such order as it may determine, at public auction to <br />the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee <br />may, and at Beneficiary's request shall, postpone sale of all or any portion of the Property by <br />public announcement at such time and place of sale, and from time to time thereafter may <br />postpone such sale by public announcement at the time and place fixed by the preceding <br />postponement. Trustee shall deliver to the purchaser its deed conveying the property so sold, but <br />without any covenantor warranty, express or implied. The recitals in such deed of any matters <br />or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, <br />Trustee, or Beneficiary, may purchase at such sale. <br />After deducting all costs, fees, and expenses of Trustee and of the trust hereby created, <br />including reasonable attorneys' fees in connection with sale, Trustee shall apply the proceeds of <br />sale to payment of all sums advanced or expended by Beneficiary or Trustee under the terms <br />hereof and all outstanding sums then secured hereby, and the remainder, if any, to the person or <br />persons legally entitled thereto. <br />At any foreclosure sale, any person, including Trustor, Trustee or Beneficiary, may bid <br />for and acquire the Property or any part of it to the extent permitted by then applicable law. <br />Instead of paying cash for such property, Beneficiary may settle for the purchase price by <br />crediting the sales price of the property against the following obligations: <br />a. First, the portion of the Secured Obligations attributable to the expenses of <br />sale, costs of any action and any other sums for which Trustor is obligated to pay or reimburse <br />Beneficiary or Trustee under Section 7.] 0(c); and <br />b. Second, the remaining balance of all other Secured Obligations in any <br />order and proportions as Beneficiary in its sole discretion may choose. <br />9. Trustor's Waivers. To the fullest extent permitted by law, Trustor waives: (a) all <br />statutes of limitations as a defense to any action or proceeding brought against Trustor by <br />Beneficiary; (b) the benefit of all laws now existing or which may hereafter be enacted providing <br />for any appraisement, valuation, stay, extension, redemption or moratorium; (c) all rights of <br />marshalling in the event of foreclosure; and (d) all presentments, demands for performance, <br />notices of nonperformance, protests, notices of protest, notices of dishonor, notices of acceptance <br />of this Deed of Trust and of the existence, creation, or incurring of new or additional <br />aos~ss-5 15 <br />