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<br />2013006'7
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or
<br />by a receiver appointed by a Court and without regard to the adequacy of its security, enter upon
<br />and take possession of the Trust Estate, or any part thereof, in its own name or in the name of
<br />Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the
<br />income therefrom or protect the security hereof, and with or without taking possession of the
<br />Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past
<br />due and unpaid, and apply the same, less costs and expenses of operation and collection,
<br />including attorney's fees, upon any indebtedness secured hereby, all in such order as Beneficiary
<br />may determine. The entering upon and taking possession of the Trust Estate, the collection of
<br />such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any
<br />default or notice of default hereunder or invalidate any act done in response to such default or
<br />pursuant to such notice of default and, notwithstanding the continuance in possession of the
<br />Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Beneficiary shall be entitled to exercise every right provided for in any of the Loan Instruments
<br />or by law upon occurrence of any event of default, including the right to exercise the power of
<br />sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />receiver, or specifically enforce any of the covenants hereof;
<br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a
<br />written notice of default and election to cause Trustor's interest in the Trust Estate to be sold,
<br />which notice Trustee shall cause to be duly filed for record in the appropriate Official Records of
<br />the County in which the Trust Estate is located.
<br />(d) In the event of default in payment of principal or interest after that 60 day grace
<br />period from due date has elapsed, Beneficiary may, without further notice proceed with
<br />acceleration, foreclosure, power of sale, and any additional remedies available to Beneficiary as
<br />stated in Paragraphs 9, 10, and 11 of this Deed of Trust.
<br />10. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to
<br />foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and
<br />shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of
<br />expenditures made and secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded,
<br />published and delivered to Trustor such Notice of Default and Notice of Sale as then required by
<br />law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may
<br />then be required by law and after recording such Notice of Default and after Notice of Sale
<br />having been given as required by law, sell the Trust Estate at the time and place of sale fixed by
<br />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
<br />such purchaser or purchasers thereof, its good and sufficient deed or deeds, conveying the
<br />property so sold, but without any covenant or warranty, express or implied. The recitals in such
<br />deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person,
<br />including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at such sale, and
<br />Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee
<br />and of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply
<br />the proceeds of sale to payment of (I) all sums expended under the terms hereof, not then repaid,
<br />with accrued interest at ten (12 %) percent per annum, (ii) all other sums then secured hereby,
<br />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
<br />of the Trust Estate.
<br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce payment and performance of any indebtedness or obligations secured
<br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan
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