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c <br /> remaining amount of the award or such portion as may be necessary to fully satisfy <br /> the obligations secured hereby, shall be paid to Beneficiary to be applied to said <br /> obligation. <br /> 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does <br /> not waive its right to require prompt payment when due of all other sums so secured <br /> or to declare default for failure to so pay. <br /> 3. The Trustee shall file a satisfaction of indebtedness owed under Washington State <br /> Department of Transportation Agreement No. RR-00344, on written request of the <br /> Grantor and the Beneficiary, or upon satisfaction of the obligation secured and <br /> written request for said satisfaction made by Grantor or Beneficiary or the person <br /> entitled thereto based on satisfactory evidence that the Grantor's obligation has been <br /> fully performed. <br /> 4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the <br /> performance of any agreement contained herein, all sums secured hereby shall <br /> immediately become due and payable at the option of the Beneficiary. In such event, <br /> subject to the rights of any priority lien creditor to that Property, upon written request <br /> of Beneficiary, Trustee shall sell the trust property at public auction to the highest <br /> bidder in accordance with the Deed of Trust Act of the State of Washington. Any <br /> person except Trustee may bid at Trustee's sale. Subject to the rights of any priority <br /> lien creditor to that Property, Trustee shall apply the proceeds of the sale as follows: <br /> (1)to the expense of the sale including reasonable Trustee and attorney fees; (2)to <br /> the obligation secured by this Deed of Trust; and (3)the surplus, if any, shall be <br /> distributed to the persons entitled thereto. <br /> 5. Subject to the rights of any priority lien creditor to that Property, Trustee shall deliver <br /> to the purchaser at the sale a deed,without warranty, that shall convey to the <br /> purchaser the interest in the property that Grantor had or had the power to convey at <br /> the time of its execution of this Deed of Trust, and such as may have been acquired <br /> thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in <br /> compliance with all requirements of law and of this Special Deed of Trust, which <br /> recital shall be prima facie evidence of such compliance and conclusive evidence <br /> thereof in favor of bona fide purchaser and encumbrancers for value. <br /> 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the <br /> State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of <br /> Trust to be foreclosed as a second mortgage. <br /> 7. In the event of the death, incapacity, disability, or resignation of Trustee, Beneficiary <br /> may appoint in writing a successor trustee and, upon the recording of such <br /> appointment in the mortgage records of the county in which this Deed of Trust is <br /> recorded,the successor trustee shall be vested with all powers of the original trustee. <br /> The trustee is not obligated to notify any party hereto of a pending sale under any <br /> other Deed of Trust or of an action or proceeding in which Grantor, Trustee, or <br /> Beneficiary shall be a party unless the Trustee brings such action or proceeding. <br /> 8. This Deed of Trust applies to, inures to the benefit of, and is binding only on the <br /> parties hereto, but on their heirs, devisees, legatees, administrators, executors, and <br /> assigns. The term Beneficiary shall mean the holder and owner of the note secured <br /> hereby, whether or not named as Beneficiary herein. <br /> G0 <br />