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20�20916� <br />DEED OF TRUST <br />Loan No: 10125g587' �" '� , � ,. ' (Continued) <br />Page 7 <br />Foreclosure by Power of Sele. If Lender elects to foreclose by exercise of the Power ot Sale herein contained, <br />Lender shall notlfy Trustae and shall deposit with Trustee this Deed of Trust and the Note and such receipts <br />and evldence of expenditures mede and secured by this Deed of Trust es Trustee may require. <br />(a) Upon receipt of euch notice from Lander, Trustee shell cause to be recorded, published and delivered <br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. <br />Trustee shell, without demend on Trustor, after such time es may then be required by law and after <br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell <br />the Property et the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />separete lots or parcels or items as Trustee shell deem expedient, and in such order as it may determine, <br />at public auction to the highest bidder for cesh in lewful money of the United Stetes payable at the time <br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or <br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The <br />recitels in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sele. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this <br />Truat, including costs of evidence of title in connection with sele, Trustee shall apply the proceeds of sale <br />to peyment of (i) ell sums expended under the terms of this Deed of Trust or under the terms of the Note <br />not then repa(d, including but not limited to accrued interest end late charges, (ii) all other sums then <br />aecured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. <br />(c► Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and <br />performance of eny indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers <br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or <br />any laws now or hereafter in torce; notwithstanding, some or all of such indebtedness and obligetions secured by <br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court <br />action or pursuent to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in eny <br />manner effect Trustee's or Lender's right to realize .upon or enforce any.other security now or hereafter held by <br />Trustee or Lender, it being agreed that Trustee and Lender, and each of. them, shall be entitled to enforce this Deed <br />of Trust and eny other security now or hereafter held by Lender or Trustee in such order end manner as they or <br />either of them may in their ebsolute discretion determine. No remedy. conferred upon or reserved to Trustee or <br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but <br />each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or <br />hereafter exiating at law or in equity or by statute. Every power or remedy given by the Note or any of the Related <br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exerc(sed, <br />concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, <br />and either of them mey pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed es <br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by <br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to <br />meke expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's <br />faiture to parform, shall not effect Lender's right to declare a default and exercise its remedies. <br />Request for Notice. Trustor, on behalf of Trustor end Lender, hereby requests that a copy of any Notice ot Default <br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first <br />peregreph of thia Deed of Trust. <br />Attomeys' Fees; Expenses. If Lender institutes eny suit or action to enforce any of the terms of this Deed of <br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at triel <br />and upon eny eppeal. Whether or not any court action is involved, end to the extent not prohibited by law, all <br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its <br />interest or the enforcement of its rights shell become e part of the Indebtedness payable on demand and shall bear <br />interest at the Note rate from the dete of the expenditure until repaid. Expenses covered by this paragraph include, <br />without limitetion, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal <br />expenses, whether or not there is e lawsuit, including ettorneys' fees and expenses for benkruptcy proceedings <br />(including efforts to modify or vacate any automatic stey or injunction), appeals, and any enticipated post-judgment <br />collection services, the cost of searching records, obtaining title reports (including foreclosure reportsl, surveyors' <br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. <br />Trustor also will pay any court costs, in addition to all other sums provided by law. <br />Rights of Trustee. Trustee shall heve all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee <br />are part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee erising as a matter of law, Trustee shall have the power to <br />take the following ections with respect to the Property upon the written request of Lender and Trustor: (a) join in <br />prepering and filing e map or plet of the Real Property, including the dedication of streets or other rights to the <br />