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201406031 <br />the name of Trustee, and do any acts which it deems necessary or desirable to preserve <br />the value, marketability or rentability of the Trust Estate, or part thereof or interest <br />therein, increase the income therefrom or protect the security hereof, and with or without <br />taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and <br />profits thereof, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection, including attorney's fees, upon any indebtedness <br />secured hereby, all in such order as Beneficiary may determine. The entering upon and <br />taking possession of the Trust Estate, the collection of such rents, issues and profits and <br />the application thereof as aforesaid, shall not cure or waive any default or notice of <br />default hereunder or invalidate any act done in response to such default or pursuant to <br />such notice of default and, notwithstanding the continuance in possession of the Trust <br />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 <br />Instruments or by law upon occurrence of any event of default, including the right to <br />exercise the power of 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 written <br />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 <br />Records of the County in which the Trust Estate is located. <br />(d) In the event of default in payment of principal after that 60 day grace period from <br />due date has elapsed, Beneficiary may, without further notice proceed with acceleration, <br />foreclosure, power of sale, and any additional remedies available to Beneficiary as stated <br />in Paragraphs 9, 10, and 11 of this Deed of Trust. <br />10. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose <br />by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall <br />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 <br />required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, <br />after such time as may then be required by law and after recording such Notice of Default <br />and after Notice of Sale having been given as required by law, sell the Trust Estate at the <br />time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate <br />lots or parcels or items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash, in lawful money of the United <br />States, payable at the time of sale. Trustee shall deliver to such purchaser or purchasers <br />thereof, its good and sufficient deed or deeds, conveying the property so sold, but without <br />any covenant or warranty, express or implied. The recitals in such deed of any matters or <br />facts shall be conclusive proof of the truthfulness thereof. Any person, including, <br />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 and <br />of this Trust, including costs of evidence of title in connection with sale, Trustee shall <br />apply the proceeds of sale to payment of (I) all sums expended under the terms hereof, <br />not then repaid, with accrued interest at ten (12 %) percent per annum, (ii) all other sums <br />then secured hereby, and (iii) the remainder, if any, to the person or persons legally <br />entitled thereto. <br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of <br />the Trust Estate. <br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall <br />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 <br />Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all <br />of the such indebtedness and obligations secured hereby may now or hereafter be otherwise <br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the <br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's <br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by <br />