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<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
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