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06-09- ..199$ DEED OF TRUST Page 6
<br />Loan No 7&A347 9_0— U 09 (Continued'
<br />(b) Commeric:v an action to foreclose this Deed of Trust as a mortgage, appoint s rscelver or specifically enforce any of the covenants
<br />hereof; pnd
<br />(c) Deriver to Trusieee : writteri declaration of default and demand for sale and A written notice of default and election to cause Trustor's
<br />Interest in the Property to be sold, wh.(cii notice Trustee shag cause to be duly tried for record in the appropriate offices of the County in
<br />which the Proper, is for -ated; and
<br />(d) With respect to an or any pan of the Personal Property, Lendx shag have all the rights and remedies of a secured party under the
<br />Ni braO,o Uniform Commercial Code.
<br />Foreclosure by Power of Sale. it Lender elects to foreclose by exercise of the Power of Sale herein contained, Le(tder shall notify Trustee and
<br />shag deposit with Trustee this Deed o' Trust and thW Note and such receipts and evidence of expenditures made and secured by this Deed of
<br />Trt.St as Trustee may require.
<br />(a) Upon receipt of such notice from Lender. Trustee stnsN cause to be recorded, published and delivered to Trustor such Notice of Default
<br />and Notice of Sale aS then required by law and by this Used of Trust. Trustee shag, without demand on Trustor, after such time as may
<br />!hen be required by law and after -ecordation of such Ncttce pf Default and after Notice o, Sale having been given as required by law. seb
<br />Vie Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate Iots or parcels or i"errig as
<br />T'usleee shall deem expedient, and in such order as It may determine, at public auction to the highest bidder for cash in lawful moM y of
<br />the United States payable at the time of sale. T.-ustee shag defivier to euch purchaser or purchasers thereof ft good and suff3cclent deed or
<br />duds comreying the propeftj so sold, but without any covenant or warranty, express or Implied. The recitals in such deed of any manors
<br />or Pacts shag be Conclusive proof of -the truthfulness thereoi'. any persoon. including without limitation Trustor. Trustee. or Ler.0-%, may
<br />PVChase at such sale.
<br />(b) ,ks may be permitted by law, after deducting all costs, feat and expenses of Trustee and of ft Trust, including costs of evidence of
<br />We in connection with sale. Trustee shad apply the proceeds of sale to payment of (I) an sums expended under the terms of this Deed of
<br />Trust or under the terms of the Note not then repaid, including Lut not limited to accrued Interest and late charges, (fl) all other suntis then
<br />secured hereby, and (HI) the remainder, If any, to the person or persons legally englbd thereto.
<br />(c) Tru,stoe may in the manner provided by law postpone sale of an or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shalt be entitled to enforce payment and performance of any indebtedness
<br />or obligations secured by this Deed of Trust and to exercise AN rights and powers under this Deed of Ti;$t, under the Note, under any of the
<br />Related Documents. of under any other agreement or any laws now or hereafter in force; notwlthrstanding, sort* or all of such Indebtedness
<br />and obligations secured by this Deed of Trust may now or hereafter be Mharwise secured. whether by rnortti-iage, deed of trust. Pledge. gee,
<br />assignment or otherwise, Neither the acceptance of this Deed of Trust nor Its enforcement. whether by court action or pursuant to the power of
<br />sale or other powers contained in this Deed of Trust, shag prejudice of in any manner affect Truslea'a or Lefi&v's right to r ooze upon or
<br />enforce any other security now or hereafter hold by Trustee or Lender, it being agreed Thal Trustee and Lender, ar:d each of them. SW be
<br />entitied to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as itiay or
<br />either of them may In their absolute discretion determine. No remedy conlarrad upon or reserved to Trustee or Lan&w. Is Intended to be
<br />exclusive of any other remedy in Vils Deed of Trust or by law provided or permitted, but each shall be cumulative and shad be In addition to
<br />every other remedy given In this Deed of Trust or now or hereafter existirig at law or In equity or by statute. Every power or rerrkvly given by the
<br />Note or any of the Related Documents to Trustee or Lander or to which either of them may be otherwise entitled, may tie exerched.
<br />concurrently or independently, from time to time and as often as may be deeimed expedient by Trustee or Lender, and either of them may
<br />pursue inconsistent remedies. Nothing In this Deed of Trust shag be construed as prohibiting Lender from seeking a deficiency judgmeril
<br />against the Trustor to the extent such action is permitted by law.
<br />Request For Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any No,"ce
<br />of Sale under this Deed of Trust be m,,ftod to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Walver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shag not constitute a waiver of or
<br />prejudice the party's rights otherwise to demand sW compliance with that provision or any other provision. Election by Lender to pursue ores
<br />remedy provided In this Deed of Trust, the Note, in any Related Document, or provided by law shag not exclude pursuit of arty other remedy,
<br />and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust after foll re of Trustor to
<br />pwform shall not affect Lender's right to declare a default and to exercise any of its remedies.
<br />Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shag be omitted to
<br />rmcover such surr as the court may adjudge reasonable As attorneys' fees at trial and on any appeal. Whelher or not any court action es
<br />Involved, aff reasonable expenses incurrod by Lender which In Lender's opinion are necessary at any time for the protection of Its internist or the
<br />enforcert>ant of is rights shall become a part of the Indebtedness payable on demand and shag bear interest at the Note rate from the date of
<br />expenditure until repaid. Expenses, covered by this paragraph include, without limitation, however subject to any emits under applicable law,
<br />Lnndw's attorneys' fee% whether or riot therm 1% a lawsuit, Including attorneys' fees for bankruptcy proCeadifigs ( Including efforts, to modify or
<br />vacate any automatic stay or injunction), appeals and any anticipated post - Judgment collection services, the cost of searching recorcm,
<br />obtaining title rripcxls (including foreclost.90 rftorts). surveyor %' reports, appraisal teas, hile Insurance, and tees for the Trustee, to the extent
<br />permitted by applicable law. Trustor also will PINY Any court costs, In addition to all other scums provided by law.
<br />Frights of Trustee. Trustee :hag have all of the rights and duties of Lender as set lorth In this sewcilon.
<br />POWERS AND OBLIGATiONS OF TRUSTEE. The following provision$ relating to the powers and obligations of Trustee are part of this Deed of
<br />Trust
<br />Powers of Trustee. In addition to an powers of Trustee arising as a matter of taw, Tru %tees shall have the power to take th® following acilom ,
<br />with respect to the Pro{irlrty upon the written request of Lander and Trustor: (a) join in preparing and ggng a niAp or plot of the Heal prop,"ty.
<br />includiN the dedication of streets or other rights to the public; (b);oin in granting Any easement cN creating any restriction on the Roaf FIV00 fy:
<br />and tc) Join in any yubgrd'nntlon or gfhw agreement afiecttng ttw,y Deed of Trust or the intwrimlt of lendew under this Dead of Trust.
<br />Trustee. Trustee Shstfl m *et ati quarricatir m required for Trustee under applicable law, In addition to the rights and tornedles alit torth above,
<br />with rw;pcvt to an or any part of the Property, the Trustee Rl'sall hAvA the dQhl io forrKwosa by notice and safe, and Lendw shag hove the right to
<br />f"Ocfc!:* by Judicial foraclosure, in either case If,, accordaria with and to the fug axtant pfovldiio yr applcable law,
<br />SucckaNOr 1 rtistee. Lofldof, a; Lender's option, may from situ* !q time appoint A sucGe,asw rruaiao to any TrtMipry appomtgd l,lwrstundcwr by an
<br />n4fru"4!rtt exlculurl dad ACkrgavledgeri by Lrnnde►r and rordad in the offk °err.( Ihn rr.~,�rder cl ►iAf l County, t�lnbrpeMei. Tt,e It*9irtm,«Jnl
<br />cGntain, in gddrtsen to till olhnf matters rnquirad by Voln low, the names of the oitgtrrml lender. Trustee, and Ttuninr, Ihn bfe k and page (or
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