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<br /> with respec�to the Subject Prvperty prior to forec�osure; �ii�}expenses and costs which Beneficiary
<br /> anficipates will be incurred with respect to the Subject Prvperty af�er foreclosure, �ut prior t� resale,
<br /> including withou� limitation, cnsts of structura! reports and other due dil�gence, costs to carry the Subject
<br /> Property prior to resale, costs af resale��.g., commissions, attvrneys'fees, and taxes}, Ha�ardous
<br /> Materials c�ean-up and mvnEtoring, deferred ma�nfenance, repair, refurbishment and retrof�t, and casts af
<br /> defending or settl�ng litigat�on affec#�ng th�Subjec#Property; �i�}declining tren�s in real property�alues
<br /> generally and with respect ta properties sim�lar to#he Subject Proper�y; ��}anticipated discounts upan
<br /> resale of the Subject Pr�perty as a d�stressed vr foreclvsed propsrty; ��i}�he exis�ence of additianal
<br /> collate�al, if any, far the Secured �hligations; and ���i}such other factars vr ma�ters that Ben�ficiary
<br /> deems appropriate. Trustor acknvwledges and agr�es that: �A} Beneficiary is no# required to use any or
<br /> all of�he foregoing factors�v de�ermine th�amount of its cred�t bid; �B}this S�ct�on does not impose
<br /> upan Beneficiary any additionaf obligations that are no# impvsed by 1aw at�he t�me the cred�t bid is made;
<br /> ��}the amount of Beneficiary's credit�id need not ha�e any rela#ion to any loan-to-�alue ratios specified
<br /> in any ag�eement be�ween Trustor and Benef�c�ary or pre�iausly discussed by Trustar and Beneficiary;
<br /> and �D} Beneficiary's credit�id may be, at Beneficiary's sole discretivn, higher or Iower than any
<br /> appraised �alue af the 5ubjec# Property.
<br /> 5.3 A licat�on af Fvreclosure Sale Proceeds. After deducting all cvsts,fees and expenses af
<br /> Trustee, and of this trusf, including cos#s of e�idence of ti#le and atforneys'fees in connection with a sale,
<br /> all proceeds of any foreclosure sale shall be applied first, to payment of all Secured ��liga#�ons �including
<br /> w�thaut I�mita#ion, a�l sums expended by Beneficiary under the terms hereof and not fhen repaid, with
<br /> accrued �nteres�at the highest rate per annum payable und�r. any 5ecured �bligation}, in such order and
<br /> amounts as Beneficiary in its svle discretton shall dete�m ine; and #he remainde�, if any, �v th� person or
<br /> persons lega�[y entitl�d theretv.
<br /> 5.4 Appfication of,.,Qther Sums. AI! Rents ar other sums recei�ed by Ben�fi�iary or any agent or
<br /> r�ceiver her�und�r, less al! costs and expenses incurred by Beneficiary or such ag�nt or rece��er,
<br /> including reas�nable at#orneys'fees, shall be applied tv payment of th�Secured �bliga�ions in such ord�r
<br /> as Beneficiary shall determine in its sole discretion; prn�ided hvwe�er, that Beneficiary shall ha�e no
<br /> liabili�y for funds nvt actually rec�i�ed by Beneficiary.
<br /> 5.5� No Cur�or Wai�er. Neith�r Beneficiary's, Trusfee's or any receiver's en�ry upon and �aking
<br /> passessian af the Subject Praperty, nor any collecf�on af Ren#s, insurance proceeds, condemnatian
<br /> proceeds or damages, other security vr proceeds af other se�urity, or other sums, nor the a�p�ication �f
<br /> any co�lec#ed sum ta any Secure� �bligat+on, nor the exercise of any other right or remedy by
<br /> Beneficiary, Trus#e�ar any recei�er shall impair the status af#he s�curity of this Deed of Trust, or cure or
<br /> wai�e any br�ach, Default or no#ice vf defau�t under#his Deed of Trust, ar nullify the effect vf any notice vf
<br /> defau�#ar sale�un�ess a�l Secured �bl�gations and any other sums then due hereunder ha�e been paid in
<br /> full and Trustor has cured all vther Defaults}, vr pr�judice Beneficiary or Trustee in the exercise of any
<br /> righ#or remedy, or be canstrued as an afFirmation by Beneficiary of any tenancy, lease�r aptian of the
<br /> Subject Praperty or a subordination vf the li�n of this Deed of Trust.
<br /> 5.6 Costs Ex �nses and Attarne s' Fees. Trustor agrees to pay fo B�neficiary immediately
<br /> upon demand fhe full amvunt of ali payments, ad�ances, charges, costs and expenses, including court
<br /> Gosts and reasanable attarneys'fees �ta include outside counsel fees and a�l allocated costs of
<br /> Ben�fEcia�y's in-house counsel}, expended or fn�urred by Trustee vr Beneficiary pursuant to this Art�cle V,
<br /> whether incurred at the trial or appella#�le�el, in an arbitration proceeding or otherwise, and including any
<br /> of the foregoing incurred in c�nn�ction with any hankruptcy proceeding �including without iimitativn, any
<br /> ad�ersary proceeding, cont�sted mat#er or motion brought by Beneficiary or any ather person} relating to
<br /> Trustvr or in any way affecting any of�he Su�ject Property or Beneficiary's ability to exercise any of its
<br /> rights vr remedies with respeGt there�o. All of the foregoing sha�l be paid by Trustor with int�rest from the
<br /> date vf demand until paid in full a�th� highest rate per annum payabl� under any Secured �bligation.
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<br /> � p n n:i f�n�i�i i :ip�j��i ��r�i i i
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