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2412 0539� (c) � deliver to Tn�stee a written declaration of default and demand for sale and a wciuen notice af default and election to ceuse Trustor's interest in the Tnut Estate to be sold, which notice '1'rustee shall «�uuse to be duly filed for record in the appropriate og"ices of the County in which the Tmst Estate is located; or (� exercise such other rights or remedies at law or in equity. 11. Foreclosure by Power of Sale If Beneficiary elects to foreclose by exercise of the Power of Sale herain coatained; Beneflciary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and airy note evidencing Uie Indebtedness and such receipts and evidencz of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice &om Beneficiary, Trostee shall cavse.to be recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as then required by' law and by this Second Deed of Trust Tnistee shall, without demand on Tiostor, after such time as may then be required by law and after reaordation of such No6c�. of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time aad place of sale fixed by it in such Notice of Sale, either as a whole, or ia separate lots or parcels or items as Trustee shall deem expedient, end in such order es it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficieat deed or deeds conveying the properiy so sold, but without any covenant or wartanty, exp�ss or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the 1nrthRilness theteo£ Any person, including without limitation Tn�stor, Trustee or Benefici.ary, may purchase at such sala. (b) As may be permitted by law, after deducting all costs, fees and expenses of Tnutee and of this Trust, including costs of evidence of tide in connection with sale, Trustee shaIl apply the preceeds of sale to payment of (i) the Indebtedness (ii) aIl othet sums then secured hereby, and (iu7 the remainder, if any, to the person or persons legally entifled thereto. • (c) Trustee may in the manaer provided by law postpone sale of all or any portion of the Trust EslaYe. (� Any person (including his successor and assigns) receiving tifle to the Property through foreclosure or deed in lieu of foreclosure shell receive title to such pmperiy free and clear of any collateral agreements res�icting the use of such property. (e) If any holder of the First Deed of Trust (the "Senior Lien Holder") shall acquire title to the Propetty pursueat to a deed in lieu of foreclosure, the Hen of this Second Deed of Trust shall automatically berminate upon the Senior Liea Holder's acquisition of title, provided that (i) Beneficiary has been given vvritten notice of a default undet the First Deed of Trust and (u7 Beneficiary shali not have cured the default uader the Fnst Deed of Tnut within 30 days of the norice sent to Beneficiary. 12. Remedies Not Exclusive Tcvstee and Beneficiary, and each of them, shall be entifled W enfarce payment and performaace of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed of Trust or under any Loan Instniment or other agreement or any laws now or hereafter in force; notwithstanding, some or all af the such iadebtedness and obligations secured hereby may now or hereafter be othervvise secured, whether by mortgage, deed of �us� pledge, lien, assignment or otfiervvise. Neither the accepffince of this Second Deed of Tnut nor its enforcemen� whether by court action or pursuaat to the power of sale or other powers herein contained, shaIl prejudice or ia aay manner affect Trustce's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Tmstee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of tbem, sl�all be entitled to enforce this Second Deed of Trust aad any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in tfieir absolube discretion determine. No remedy hereia cronfeaed upon or reserved to Tn�stee or Beneficiary is intended to be exclusive of auy other remedy herein or by law provided or permitted, but each shall be cumulative and shall he in addition to every other remedy. given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instxvments to Trustee or Beneficiary or to which either of them may be otherwise enritled, may be exercised, concwrenfly or independenfly, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothiag herein shall be canstrued as prohibiting Beneficiary from seekiag a deficiency judgment against the Trustor to the extent such action is permitted by law. 13. Request For NotFce Tnutor and all other parties set forth herein hereby requestg a copy of azry Notice of Default and a copy of any Notice of Sale hereunder be mailed to them at the address set forth in the first pazagaph of this Second DaedofTmst � NIFA HBA Advantage Loan/Form H (03/2012) 4826-5279-38712