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2012066SG <br />(c) . deliver W Trustea a written dealaredon of default aad damand for eale and e wrltten notice of <br />defaulbend election to causa Trustor's intcrest in the Tn�st Estate to be sold, which nodce Truatee shall cause W be duly <br />filed for record in the appropriate offices of tha County in which the Trust Estate is looated; or <br />(d) exeraise such other rights or remedtes at law or in equity. <br />11. Fo�edosure by Power ojSal� If Beneficlary eleots to fareclose by exercise of the Power of Sale harein <br />cantained, Beneftaiery shall nodfy Trustee and shall daposit wlth Tn�atee this Sacond Deed of Trust and any note evidancing the <br />Indebtedne� and such receipts aad evidance of expenditures made and secured hereby as Trustee mey require. <br />(a) Upon receipt of such notice &om Beneficlary, Trustee shaQ cause to ba recorded, published end <br />dalivered to Tn�stor such Nodce of Default and Notice of Sale as Wen required by law and by this Secoad Deed of <br />Trust. Trustee shall, without demand on Trustor, aRer such dm$ as may then be required by law and after recordation <br />of such Nodce of Default end after Notice of Sale having bean given as required by law, sall the Trust Estata at tha tima <br />and placre of sale fixed by it in such Nottr.� of Sale, oither as a whole, or ln separate lots or percels ar items as Trustee <br />ahell deem expedient, snd in such order as It may datarmine, at publio ancttori to the high�t bidder for oash in lawl'ul <br />money of the United Statas payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its <br />good and sufficient deed or deeds conveying the property so sold, but wlthout any covenent or warranty, axpre� or <br />implied. The recitals in such deed of aay mattcrs or facts ahall be conclusive proof of the truthfulness thereof. Any <br />psrson, including wfthout llmitatlon Trustor, Tmstee or BeneBciery, mey purohase at such sale. <br />(b) As may ba permitted by law, eRer deducting aU costs, fees and expenses of Trustee snd of this <br />Trust, including costs of evidence of tida in conaection with ssle, Trustee shall apply the proceeds of selo to payment of <br />(t) tha Indebtedness (ii) aU other sums tben secured haraby, and (iii) the r.emainder, lf any, to tha person or peraons <br />legaliy enNtled thcreto. <br />(c) Trustee msy in the manner provided by law postpone sala of all or any portion of tha Trust Estat6. <br />(d) Any person (including his succassor aad aseigns) recelving dUe to tha Proparty tluough foreclosure <br />or deed in lieu of foreclosure shall receive dUe to such pmperty freo and clear of any collateral agreements restrlcNng <br />the use of such properiy. <br />(e) If any holder of the Flrst Deed of Trust (the "SenIor Lien Holder") shall acquire title to the Properiy <br />pursuant to a deed in lieu of foreclosure, the lien of this Second Deed of Trust shall automatically t8rminaw upon the <br />Senior Lien Holder's acqulaition of t1Ue, provided that (i) BeneBciary has bcan givon wrltten notIca of a default under <br />the First Deed of Trust aad (11) Beneficiary shall not have cured the default under the First Deed of Trust within 30 days <br />of the notice sent to Benafiafary. <br />12. Remedles No! Exclusiv� Tn�stee and Benefiolary, and each of them, shall be entitled to enforce payment <br />and performance of any lndebtedna� or obligadons secured heraby end to exarcise sll rlghts and powers under thia Secoad Deed <br />of Trust or under any Loan Tnsttvment or other agreement or eny laws now or hereafter in force; notwithstanding, soma or all of <br />the such indabtedness and obllgallons seeured heraby may now or hereatter ba othenvlse sac�red, whether by mortgage, deed of <br />trust, pladge, lien, assignment ar otherwise. Neithar the acceptance af this Second Deed of Trust nor its enforcomant, whether by <br />court action or pursuant W the power of sale or other powere herain eontained, shall praJudice or in any mannar affeot Trustae'e <br />or Beneficiary's right to realiza upon or enforce any other security now or hereafter held by Trustee or Benefieiary, it being <br />agreed that Trustee and Benefioiery, and each of them, shall be antitled to enforca Wis Second IJeed of Trust and eny other <br />security naw or hereafter held by Beneficiary or Trustee in such order aad manner as they or either of them may in their absolute <br />discret{on determine. No remedy herein conferred upon or reserved to Trustee or Beneticiery la �ntended to be axclusiva of any <br />other remedy hereln or by law provlded or permitted, but each shell be cumuladve and shall be in eddition to every other remedy <br />given hereunder or now or hereafter exlsting at law or ia equity or by statuts, Every power or ramedy given by any of the Loan <br />Instrumants ta Trustee or BetreSciary or to which eiWer of them may bc otherwise entided, Fnay be exercised, concurreatly or <br />independently, firom time to tune and as often as may I� deemed expedient by Trustee or Beneflclary and either of them may <br />pursuo inconsistant remedies. Nothing harein shall be construed as prohlbiting Beneficiary from seeking a deflciency judgment <br />against the Trustor to the extent such acdon is penaitted by law. <br />13. Request For Noflc� Truator and all other parties set forth herain hereby requests a copy af any Nodce of <br />Default and a copy of any Notice of Sale hereunder bs mailed to them at the address set forth in the Srst paragraph of thls Second <br />Deed of TrusG <br />1VIFA HBA Advantage Loan/Form H <br />(03/2012) <br />4826-5279-3871.2 <br />