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200004084 -14- (d) Any sale made pursuant to the provisions of this Section shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with and upon the same notice as required for the sale of the Premises under power of sale as provided in this Article. (e) In the event of a trustee's sale or foreclosure sale, whether made by Trustee under the terms hereof, or under judgment of a court, the Collateral and the Premises may, at the option of Beneficiary, be sold as a whole. (f) It shall not be necessary that Beneficiary take possession of the Collateral or any part thereof prior to the time that any sale pursuant to the provisions of this Section is conducted and it shall not be necessary that the Collateral or any part thereof be present at the location of such sale. (g) Prior to application of proceeds of disposition of the Collateral to the Indebtedness Hereby Secured, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and the reasonable attorneys' fees and legal expenses incurred by Beneficiary. (h) Any and all statements of fact or other recitals made in any bill of sale or assignment or other instrument evidencing any foreclosure sale hereunder as to nonpayment of the Indebtedness Hereby Secured or as to the occurrence of any default, or as to Beneficiary having declared all of the Indebtedness Hereby Secured to be due and payable, or as to notice of time, place and terms of sale and of the properties to be sold having been duly given, or as to any other act or thing having been duly done by Beneficiary, shall be taken as prima facie evidence of the truth of the facts so stated and recited. (i) Beneficiary 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 Beneficiary, including the sending of notices and the conduct of the sale, but in the name and on behalf of Beneficiary. 6.3 Scope of Deed of Trust. This is a Deed of Trust of both a leasehold interest in real property and Personal Property, if any, listed on Schedule 3 attached hereto, a security agreement, a financing statement and an assignment and also covers proceeds and a leasehold interest in fixtures. 6.4 Effective as a Financing Statement. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures, if any, described on Schedule 3 attached hereto, included within the Premises and is to be filed for record in the real estate records of each county where any part of the Premises (including said fixtures) is situated. This Deed of Trust shall also be effective as a financing statement covering any other Collateral and may be filed LEASEHOLD DEED OF TRUST 692960.5