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201300074 (d) Nothing in this Section 5.07 shall be construed to be an assumption by the Person exercising the rights under this Section, or to otherwise make such Person liable for the performance, of any of the obligations of Trustor under the Leases. SECTION 5.08. Sales. Except as otherwise provided herein,to the extent permitted under applicable law,at the election of Beneficiary,the following provisions shall apply to any sale of the Mortgaged Property hereunder, whether made pursuant to the power of sale hereunder, any judicial proceeding, or any judgment or decree of foreclosure or sale or otherwise: (a) Beneficiary or Trustee or the court officer(as the case may be as the Person conducting any sale)may conduct any number of sales as Beneficiary may direct from time to time. The power of sale hereunder or with respect hereto shall not be exhausted by any sale as to any part or parcel of the Mortgaged Property which is not sold, unless and until the Obligations shall have been paid in full, and shall not be exhausted or impaired by any sale which is not completed or is defective. A sale may be as a whole or in part or parcels and Trustor hereby waives its right to direct the order in which the Mortgaged Property or any part or parcel thereof is sold. (b) Any sale may be postponed or adjourned by public announcement at the time and place appointed for such sale or such postponed or adjourned sale without further notice. (c) Any statement of fact or other recital made in any instrument given by the Person conducting any sale as to the nonpayment of any Obligation, the existence of an Event of Default,the amount of the Obligations due and payable,the request to Beneficiary or Trustee to sell, the notice of the time,place and terms of sale and of the Mortgaged Property to be sold having been duly given, or any other act or thing having been duly done or not done by Trustor, Beneficiary, Trustee, or any other Person, shall be taken as conclusive and binding against all other Persons as evidence of the truth of the facts so stated or recited. (d) Any sale shall operate to divest all of the estate,right,title,interest,claim and demand whatsoever, whether at law or in equity,of Trustor in and to the Mortgaged Property sold, and(to the extent permitted under applicable law) shall be a perpetual bar both at law and in equity against Trustor and any and all Persons claiming such Mortgaged Property or any interest therein by, through or under Trustor. (e) At any sale,Beneficiary may bid for and acquire the Mortgaged Property sold and, in lieu of paying cash therefor may make settlement for the purchase price by causing the Secured Parties to credit against the Obligations. including the expenses of the sale and the cost of any enforcement proceeding hereunder,the amount of the bid made therefor to the extent necessary to satisfy such bid. (f) In the event that Trustor or any Person claiming by,through or under Trustor shall transfer or fail to surrender possession of the Mortgaged Property after any sale thereof, then Trustor or such Person shall be deemed tenant at sufferance of the purchaser at such sale, subject to eviction by means of forcible entry and unlawful detainer proceedings,or subject to any other right or remedy available, hereunder or under applicable law. -21-