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' 2U140 � �� r�
<br /> may determine. The enterit�g upon and takin� passession of the Trust Estate, the collection of
<br /> such rents, issues and profits and the applicadon thereaf as aforesaid, sl�all not cure or waive any
<br /> defautt ar natice of def�ult hereunder pr invalidr�te any act done in respanse to s�ch default or
<br /> pursuant to such natice af default and, natwithstanding the continuance in possession af' the
<br /> Trust �state vr the collection, reCeipt and application af rents, issues ar profits, Trustee or
<br /> B�neF'tci�ry sh�11 be entitled ta exetcise every right provided for in any of the I.,�� Instruments
<br /> or by law upon o�currence of any ev�nt of default, including the right to exexcise the power of
<br /> sale; �
<br /> (ii) Cnmtnence an action to foreclose tbis Deed of 'frust as a mortgage, appoint a
<br /> receiver,ar specifically enforce any of the covenants hereaf;
<br />, (iii)Deliver to'T'rus�ee a written declaration of default and demand for sal�, and a written
<br /> no�ice of default and election to cause Trustor's interest in the Trust Estate to be sold, which
<br />� nvtice Trustes shall cause to be duly filed for reeord in th� appropriate �fficial R�cords of the
<br /> Caunty in which the Trust Estat�is l�cated,
<br />� 11. Ft3R:EC�.pSURE F3Y FOWER QF SA��, Should Beneficiary elect to f�reclose by
<br /> exerci�af the Power of Sale herein cantained, Beneficiary Sha11 notify Trustee and shall deposit
<br /> i wit� Trustee this Deed of Trust �nd the Natc and such r�ceipts and evidence of expenditures
<br /> made and secured hereby as Trustee may require.
<br /> (a) Upon ncceipt of st�ch noti�e from $en�ficiary, Truste� shrall cause to be recarded,
<br /> published and delivered tv Trustor such Notiee of Default and Notic� af Sale as then required by
<br /> law and by this Deed nF Trust. Trustee shail, without dernand �n Tn�sta�r, after su�h time as may
<br /> then be required by law and a#ter recardation of such Notice of Default and after Notice of Sale
<br /> ha�ving been given as required by law, sell th�Trust Estate at tlze time and place af sale fixed by
<br /> it in such Notice pf S�le, either as a whole, or in sep�rate lots or parcels or it�ms �s Trustee shall
<br /> deem expedi�nt, and in such order as it may determine, at public auction to the highest bidder for
<br /> I cash in lawfu! man�y of the Unit�d States payable at the tim� of sale. Trustee shall deliver to
<br /> such purchaser or purchasers thcreof its good and sufficient deed of de� conveying the
<br />� praperty so sold, but without any caven�nt or walranty, express or implied. The recitals in sueh
<br /> deed of any matters or facts shall be conclusive proaf of the truthfulness thereof,. Any person,
<br />' including, without lirrtitation, Trustar, Tnast� and Heneficiary, may purchase at such sale and
<br /> Trustor her�by covenants to wartant and de�'end th�title of such purcha�ser or purchasers.
<br /> (b) As m�.y be permitted by law, �►ft�r deducting all casts, fees a�nd expenses of Trustee
<br /> and of this Trust, including costs of�videnc�of title in cannec#iot� with sale, Trustee shall apply
<br /> proceeds of sale to payment of(i) all sums expended under the tenns het'eof, not then repaid,
<br /> with accrued interest at fvurteen p�rcent (14%} per a�num, (ii) �1t other sums then secured
<br /> hereby, and(iii)the reminder,i�any,ta the person or persons legaily entitled thereta.
<br /> (c) Trustee rn�y in the manner provided by l�w,p�stpvne sale of a11 or any partion bf the
<br /> Trust�state.
<br /> 1�. REMEDIES NOT EXCLUSIV�. Trustee and H�neficiary, and each of them, sha11
<br /> be entiticd t+o enfprce p�yment and performance of any iridebtedness or obli�ations sccured
<br /> hereby and to exercise al! rights and powers under this Deed of Tnxst or under any Loan
<br /> Instrument or othet�agreement or any laws now or hereaRer in farce,natwithstanding some or all
<br /> of the such ind�btedn�ss and obligatians seccur�d hereby may npw or hereafter be Qtherwise
<br /> secured, v�rhether by mortga�e, deed af trust, pleage, lien, assignment or r�therwise. Neither the
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