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I � 2� 1 ��2� 11 DEE❑ �F TF�UST Laan N�: ��'[�943�� C�ntinued} Page g re�ordatian ❑-�such Na�ice af Defau�t and after Not�ce ❑f 5a�e having been gi�en as required by law, sell the Property at the time and p�ace of sale fixed by it in su�h No�ice ❑�f Sale, efther as a whvle, ar in � separate lots or parcels or items as Trustee shal[ deem expedien�, and �n such order as it may determine, � at puhlic auc�ivn fiv the highes� bidder��r cash in lawful mvney a�f the United 5tates payable at fihe fiime ❑f sale. Trus�ee shall deli�er ta suGh pu�-chaser ❑r purchasers �khereof its good and su��icien� deed or deeds conveying the property so sold, bu� wi�hou� any cv�enant or war�-an�y, express ❑r implied. The reci�als in such deed �f any matters ❑r �facts shall he conc�usiWe prvot of�he truthfulness �hereof. Any persan, in�luding wi�hout fimi�ation Trustar,Trustee, ❑r Lender, may purchase at such safe. �b� As may b� permitted �y law, after deduc�ing all casts, fees and expenses o� Trustee and of this T�us�, inc[uding Gos�s a�e�idenc�of�i�le in cvnnection wifih sale,Trus�tee shall apply�he prv�eeds o�safe ; to payment o� �i} all sums expended under the terms ❑f this Deed v�Trust❑r under�he terms ❑f the Not� nat then repaid, including but no�k limi�ed to accru�d interest and la�e charges, �ii} all ❑fiher sums then secured hereby, and �iii}�he remainder, if any,to the pe�svn vr persons [egally en�itled there�o. ° {�� Trus�ee may in the manner pra�ided by law postpvne sale af a!I ar any portion of�he Pr�perty. ' Remedies Not Exciusive. Trustee and Lender, and each of them, shall be en�itled t� enforce payment and pertormance ❑f any indeb�edness vr-❑bliga�ians secured }�y this ❑eed af Trus�and�❑exercise ail righ�s and powers � unde�-this Desd of Trust, under the Nofie, under any af the Relat�d Dv�umen�s,,or under any ❑ther agreement ❑r any �aws now ❑r hereafter in �For�e; na�w��hstanding, svme ❑r all ❑f such inde��edness and abl�ga�ions secu�ed by �his �eed of Trust may now or hereafter be otherwise secured, whe�ther hy martgage, deed ��trust, pled�e, lien, assignmen� or a�herwise. Nei�her �khe accep�ance of this Deed of Trust nor its enfarcemen-�, whe�her by cvurt actian ❑r pursuant�❑ the pvwer o�sa�e or other powers cvntained in this Deed af Trust, sha�� prejud�ce ar in any � manner af�ecfi Trus�ee's ❑r L�nder's righ�to realize upon ❑r enforce any other securi�y now or her�after held by � Trustee ❑r Lender, it being agreed that Trus�ee and Lender, and each of them, shall be�nti�led t�enforce this Dsed of Trust and any other security now or hereafter h�ld by Lende�- ar Trustee in such arder and manner as �hey or ' ei�her o� �hem may in their ahsalu�e d�scre�ion de�ermine. Na remedy conferred upon ❑r reser�ed to Truste� or Lender, is intended to be exclusi�e o�any�ther remedy in�khis Deed o�F Trust ar by �aw pro�id�d ❑r permi��ed, but � ea�h shall 1ae cumulati�e and shall be in addf�ion �o e�ery ❑ther remedy gi�en in this ❑eed of Trus� or now or hereafter e�isting at law ar in equity�r by s�atute. E�ery power or remedy gi�en by the Nofie or any of the Rela�ed ❑v�uments �o Trus�kee ❑r Lender vr to which ei�her of them may be ❑therwise ent�tled, may be exercised, ; cancurrently ❑r independen�ly, frvm tim�t❑�ime and as v�f�ten as may be deemed expedient hy T�ustee ❑r Lender, ; and ei�her v�F them may pursu� incansistent remedies. Nathing in �his ❑eed v� Trusfi shall be construed as ; prvhihiting Lender fram seeking a defiiciency judgment against the Trus�ar�a�he �xten�such ac�ian is permitted by taw. EIeG�ion by Lender fio pursue any remedy shall nafi ex�lude pursui� of any other remedy, and an election �❑ make expendi�ures ❑r �o tal�e a��ion t❑ per�orm an ❑b�igatian of Trustor under�his beed ��Trus�, after Trus�vr's � �ailure�a perform,sha�� nv�affec�Lender's right to declare a de�au(t and exercise its remedies. ; Requesfi for No�ice. Trustor, ❑n laehalf af Trustnr and Lender, her�by reques�s thaf a cvpy of any Nntice❑�F❑e�Fault and a copy❑�f any Not�ce af 5ale under this Deed ❑�Trust be mai�ed tv them afi�he addresses se�far�h �n�he first , paragraph of this ❑eed a�Trus�. At�orneys' Fees. Expenses. lf Lender institutes any sui� ❑r action �o ent�r�e any of '�he terms o� �his ❑e�d of ' Trust, Lender shall he entitled tv recv�er such sum as the court may adjudge reasonable as a��orneys' fees at tr�al and upon any appeal. Vllhether or na�k any court action is in�al�ed, and tn the extent nat prvhib�ted by law, all �-easvnah�e expenses Lender in�urs �hat in Lender's ❑pinion are necessary afi any time �or the prote�tion of its En�erest or�he en�vr�ement vf its righ�s sha[I become a part of�he lndebtedness payable on demand and shalf bear in�erest a#�he N�te rate�rom the date❑f the expenditure unti[ repaid. Expensss co�ered by�his paragraph include, wi�hout �imitation, ho�eW�r sula�ect to any limi�s under app[icabl� law, Lender's a�torneys' fiees and Lende�-'s lega� expenses, whefher or not there is a lawsuifi, including a��orneys' �ees and expenses fvr bankruptcy proceed�ngs �including ef�orts�o m�dify or�aca�e any au�amati�sfay❑r injuncfiion�, appea�s, and any an�icipated p�st judgmen� collec�ion ser�ices, fihe �ast o�searching recards, obtainin� �i�le repor�s �incIuding f�reclasure reports�, sur�eyors' reporfs, and appraisal fees, t�t[e insurance, and �ees fvr �he Trus�ee, ta the exten� permi�ted by applicab�e law. , Trustor also wi�� pay any court cas�s, in addition to alf ather sums pro�ided by law. F�ights of Trustee. Trus�ee shall ha�e all ot the righ�s and du�ies of Lender as set�orfih in this sec�ion. P�VIlERS AND �BLIGATIDNS DF TRUSTEE. The follvwing pro�isions relating �o th� powers and vbligativns ❑f Trusfiee are part v�this Deed of Trus�: � Powers of Trustee. fn addi�ion t❑ all pawers �fi Trus�ee arising as a matter❑�law,Trustee shai� ha�e the power�a take '�he fallowing a��ions�wi�h respect to the Proper�y upan the writ�en reques�af Lender and Trus�ar: �a}join in preparing and �i�ing a map or pla� ❑f the Real Property, including the dedication of streets or ❑�her ri�h�s fia the pubIic; �b} jain in grantin� any easem�nt ❑r creating any resfir�ctian ❑n -�he Real Property; and �G} join in any subardinafiion❑r other agreement affec�ing this De�d ��Trust�r�he interes�o�Lender under this Deed of Trust. Trus�ee. Trus�ee shail meet all quali�ica�ions requ�red fo� Trus�ee under applicable law. In additivn �o �khe righ�s and remedies set �o�th abave, wi�h respec�to a�� or any par� ❑�the Praper�y, the Trus�ee shall ha�e �the righ�t �o foreclose by notice and sale, and Lender shall ha�e the right t❑ forecl�se by judicial foreclosure, in ei�her case in accordance wi�h and tv the fu�l exten�pro�ided by app�zcable law.