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u <br />94326079 <br />Notice of sale having been given as then required by <br />law, and not less than the time then required by law having <br />elapsed after recordation of such notice of default, <br />Trustee, without demand on Trustor, shall sell said property <br />at the time and place fixed by it in said notice of sale, <br />either as a whole or in separate parcels and in such order <br />as it may determine, at public auction to the highest bidder <br />for cash in lawful money of the United States, payable at <br />time of sale. Trustee may postpone sale of all or any <br />portion of said property by public announcement at such time <br />and place of sale, and from time to time thereafter may <br />postpone such sale by public announcement at the time and <br />place fixed by the preceding postponement. Trustee shall <br />deliver to purchaser its deed conveying the property so <br />sold, but without any covenant or warranty, express or <br />implied. The recitals in such deed of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. Any <br />person, including Trustor, Trustee, or Beneficiary, may <br />purchase at such sale. <br />After deducting all costs, fees and expenses of Trustee <br />of this Trust, including cost of evidence of title and <br />reasonable counsel fees in connection with sale, Trustee <br />shall apply the proceeds of sale to payment of all sums <br />expended under the terms hereof, not then repaid; all other <br />sums then secured hereby; and the remainder, if any, to the <br />person or persons legally entitled thereto. <br />(7) This Deed of Trust applies to, inures to the <br />benefit of, and binds all parties hereto, their heirs, <br />legatees, devisees, administrators, executors, successors, <br />and assigns. The term Beneficiary shall mean the holder and <br />owner of the note secured hereby; or, if the note has been <br />pledged, the pledge thereof. In this Deed of Trust, <br />whenever the context so requires, the masculine gender <br />includes the feminine and/or neuter, and the singular number <br />includes the plural. <br />(8) Trustee is not obligated to notify any party <br />hereto of pending sale under any other Deed of Trust or of <br />any action or proceeding in which Trustor, Beneficiary, or <br />Trustee shall be a party unless brought by Trustee. <br />(9) Beneficiary may from time to time or at any time <br />substitute a Trustee or Trustees to execute the trust hereby <br />created, and when any such substitution has been filed for <br />record in the office of the Recorder of the county in which <br />the property herein described is situated, it shall be <br />conclusive evidence of the appointment of such Trustee or <br />Trustees, and such new Trustee or Trustees shall succeed to <br />all of the powers and duties of the Trustee or Trustees <br />named herein. <br />N. <br />