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<br />marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the
<br />income therefrom or protect the security hereof, and with or without taking possession of the
<br />Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past
<br />due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection, including attorney's fees, upon any indebtedness secured hereby, all in
<br />such order as Beneficiary may determine. The entering upon and taking possession of the Trust
<br />Estate, the collection of such rents, issues and profits and the application thereof as aforesaid,
<br />shall not cure or waive any default or notice of default hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice of default and, notwithstanding the
<br />continuance in possession of the Trust Estate or the collection, receipt and application of rents,
<br />issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in any
<br />of the Grant Instruments or by law upon occurrence of any event of default, including the right to
<br />exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />receiver, or specifically enforce any of the covenants hereof;
<br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written
<br />notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which
<br />notice Trustee shall cause to be duly filed for record in the appropriate Official Records of the
<br />County in which the Trust Estate is located.
<br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by
<br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit
<br />with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures
<br />made and secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded,
<br />published and delivered to Trustor such Notice of Default and Notice of Sale as then required by
<br />law 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 by it
<br />in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall
<br />deem expedient, and in such order as it may determine, at public auction to the highest bidder for
<br />cash, in lawful money of the United States, payable at the time of sale. Trustee shall deliver to
<br />such purchaser or purchasers thereof, its good and sufficient deed or deeds, conveying the
<br />property so sold, but without any covenant or warranty, express or implied. The recitals in such
<br />deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person,
<br />including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at such sale, and
<br />Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and
<br />of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the
<br />proceeds of sale to payment of (i) all sums expended under the terms hereof, not then repaid, (ii)
<br />all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons
<br />legally entitled thereto.
<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of the
<br />Trustee Estate.
<br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby
<br />and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or
<br />other agreement or any laws now or hereafter in force, notwithstanding some or all of the such
<br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured,
<br />whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br />acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the
<br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's
<br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary
<br />or Trustee, in such order and manner as they or either of them may in their absolute discretion
<br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to
<br />be exclusive of any other remedy herein or by law provided or permitted, but each shall be
<br />cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
<br />existing at law or in equity or by Statute. Every power or remedy given by any of the Grant
<br />Instruments to Trustee or Beneficiary or to which either
<br />of them may be otherwise entitled, may be exercised, concurrently or independently, from time to
<br />time, and as often as may be deemed expedient by Trustee or Beneficiary; and either of them
<br />may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary
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