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201300074
<br /> Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby
<br /> as Trustee may require. Upon receipt of such notice from Beneficiary, Trustee shall cause to be
<br /> recorded, published and delivered to Trustor such notice of default and notice of sale as then
<br /> required by law and this Deed of Trust. Trustee shall,without demand on Trustor,after such time as
<br /> may then be required by law and after recordation of such notice of default and after notice of sale
<br /> having been given as required by law,sell the Mortgaged Property at the time and place of sale fixed
<br /> by it in such notice of sale, either as a whole, or in separate lots or parcels or items as Trustee shall
<br /> deem expedient, and in such order as it may determine, at public auction to the highest bidder for
<br /> cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such
<br /> purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold,
<br /> but without any covenant or warranty,express or implied. The recitals in such deed of any matter or
<br /> facts shall be conclusive proof of the truthfulness thereof Any person,including,without limitation,
<br /> Trustor,Trustee and Beneficiary,may purchase at such sale and Trustor hereby covenants to warrant
<br /> and defend the title of such purchaser or purchasers;
<br /> (b) to sell the Mortgaged Property and all estate,right,title and interest of Trustor
<br /> therein as a whole or in separate parcels,at one or more sales,at such time and place and upon such
<br /> terms and conditions as may be required by applicable law;
<br /> (c) to take such steps to protect and enforce rights, whether by action, suit or
<br /> proceeding in equity or at law,for the specific performance of any provision in the Loan Documents,
<br /> or in aid of the execution of any power herein granted, or for any foreclosure hereunder, or for the
<br /> enforcement of any other appropriate legal or equitable remedy Beneficiary shall elect;
<br /> (d) to apply for the appointment of a receiver, supervisor, trustee, liquidator,
<br /> conservator or other custodian(a"Receiver") of the Mortgaged Property or any part thereof and all
<br /> earnings,revenues,Rents,issues,profits and income thereof,to the extent permitted by law without
<br /> giving notice to any other party and without regard to the adequacy or inadequacy of the security of
<br /> the Mortgaged Property or the solvency of either Trustor or any other Person and Trustor agrees that
<br /> it shall not oppose the appointment of a Receiver; and
<br /> (e) to take all such other steps and to assert all such other rights and remedies as
<br /> shall be permitted by applicable law.
<br /> The purchase money,proceeds or avails of any foreclosure or sale after default and any other sums
<br /> which then may be held by Beneficiary under this Deed of Trust shall be applied as provided in
<br /> Section 5.09 hereof.
<br /> SECTION 5.06. No Liability on Beneficiary. Notwithstanding anything contained
<br /> herein,this Deed of Trust is only intended as security for the Obligations and Beneficiary shall not
<br /> be obligated to perform or discharge,and Beneficiary need not perform or discharge,any obligation,
<br /> duty or liability of Trustor with respect to any of the Mortgaged Property. Beneficiary shall not have
<br /> responsibility for the control, care, management or repair of the Premises nor shall Beneficiary be
<br /> responsible or liable for any negligence in the management,operation,upkeep,repair or control of
<br /> the Mortgaged Property resulting in loss or injury or death to any licensee, employee, tenant or
<br /> stranger. No liability shall be enforced or asserted against Beneficiary in its exercise of the powers
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