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200004084 -12- given by Trustee or any successor or substitute appointed hereunder as to nonpayment of the Indebtedness Hereby Secured or as to the occurrence of any default, or as to Beneficiary's having declared all of the Indebtedness Hereby Secured to be due and payable, or as to the request to sell, or as to notice of time, place and terms of sale and the properties to be sold having been duly given, or as to the refusal, failure or inability to act of Trustee or any substitute or successor trustee, or as to the appointment of any substitute or successor trustee, or as to any other act or thing having been duly done by Beneficiary or by such Trustee, substitute or successor, shall be taken as prima facie evidence of the truth of the facts so stated and recited. To the extent permitted by applicable law, the Trustee or his successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf of Trustee, his successor or substitute. If Trustee or his successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the sale. 5.5 Proceeds of Foreclosure. The proceeds of any sale held by Trustee or Beneficiary or any receiver or public officer in foreclosure of the liens and security interests evidenced hereby shall be applied in accordance with applicable law as follows, or as set forth in Schedule 4, if different from the following: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to all reasonable attorneys' fees and legal expenses, and all court costs and charges of every character in the event foreclosed by suit, and a reasonable fee to Trustee acting under the provisions of Section 5 of this Article above, if foreclosed by power of sale as provided in said Section 5 of this Article; SECOND, to the payment of the Indebtedness Hereby Secured (including specifically without limitation the principal, accrued interest and reasonable attorney's fees due and unpaid on the Notes and the amounts due and unpaid and owed to Beneficiary under this Deed of Trust) in such manner and order as Beneficiary may elect; and THIRD, the remainder, if any there shall be, shall be paid to Trustor, or to Trustor's heirs, devisees, representatives, successors or assigns, or such other persons as may be entitled thereto by law; provided, however, that if Beneficiary is uncertain which person or persons are so entitled, Beneficiary may interplead such remainder in any court of competent jurisdiction, and the amount of any reasonable attorneys' fees, court costs and expenses incurred in such action shall be deemed to be a portion of the Indebtedness Hereby Secured, reimbursable (without limitation) from such remainder. LEASEHOLD DEED OF TRUST 692960.5