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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 /> after Notice of Sale
<br /> o i n o e
<br /> then be required by law and after recordation of such Notice of Default and of
<br /> 0 o
<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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