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201602032 <br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a <br />written 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 Records <br />of the County in which the Trust Estate is located. <br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiaries elect to foreclose <br />by exercise of the Power of Sale herein contained, Beneficiaries 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 Beneficiaries, Trustee shall cause to be recorded, <br />published and delivered to such Notice of Default and Notice of Sale as then required by law <br />and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may <br />then be required by law and after recordation of such Notice of Default and after Notice of Sale <br />having been given as required by law, sell the Trust Estate at the time and place of sale fixed <br />by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as <br />Trustee shall deem expedient, and in such order as it may determine, at public auction to the <br />highest bidder for cash, in lawful money of the United States, payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof, its good and sufficient deed or <br />deeds, conveying the property so sold, but without any covenant or warranty, express or <br />implied. The recitals in such deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including, without limitation, Trustee, and Beneficiaries, may <br />purchase at such sale, and hereby covenants to warrant and defend the title of such <br />purchaser or purchasers. <br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee <br />and 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, not <br />then repaid, with accrued interest at ten (10 %) percent per annum, (ii) all other sums then <br />secured hereby, and (iii) the remainder, if any, to the person or persons legally 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 />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiaries, 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 <br />all of the such indebtedness and obligations secured hereby may now or hereafter be <br />otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. <br />Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or <br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any <br />manner affect Trustee's or Beneficiaries' right to realize upon or enforce any other security <br />now or hereafter held by Trustee or Beneficiaries, it being agreed that Trustee and <br />Beneficiaries, and each of them, shall be entitled to enforce this Deed of Trust and any other <br />security now or hereafter held by Beneficiaries or Trustee, in such order and manner as they <br />or either of them may in their absolute discretion determine. No remedy herein conferred <br />upon or reserved to Trustee or Beneficiaries is intended to be exclusive of any other remedy <br />herein or by law provided or permitted, but each shall be cumulative and shall be in addition to <br />every other remedy given hereunder or now or hereafter existing at law or in equity or by <br />Statute. Every power or remedy given by any of the Loan Instruments to Trustee or <br />Beneficiaries or to which either of them may be otherwise entitled, may be exercised, <br />concurrently or independently, from time to time, and as often as may be deemed expedient <br />by Trustee or Beneficiaries; and either of them may pursue inconsistent remedies. Nothing <br />herein shall be construed as prohibiting Beneficiaries from seeking a deficiency judgment <br />against the to the extent such action is permitted by law. <br />13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default, <br />and that any notice of sale hereunder be mailed to them at the address set forth in the first <br />paragraph of this Deed of Trust. <br />4 <br />