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2� 17��929
<br /> DEED �F TRUST
<br /> ��Drltlnu�d� Page 7
<br /> a#publi�auctivn to the highest bidder for cash in lawful maney of fhe United States payable at the time
<br /> of sale. Trustee shall deE��er to such purchaser or purchasers thereaf its good and sufficient deed ❑r
<br /> deeds conveying the property sv sold, but without any co�enant or warranty, express ❑r implied. Th�
<br /> recitals �n such deed of any matters ❑r facts shal! be cvnclusi�e proof af the truthfulness thereaf. Any
<br /> persvn, including withou#�imitation Trustor,Trust�e,or Lender, may purchase at such sale.
<br /> �b} As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust, including costs a�e�idence of title in connectian with sale,Trustee shall apply the proceeds vf sale
<br /> ta payment of �i} ali sums expended under the terms af this De�d a�Trus# ❑r under the terms of the
<br /> Credit Agreement nat then repaid, including bu# not limited to accrued interes#and late charges, �ii} all
<br /> other sums then secur�d hereby, and �iii}the remainder, if any, to the pe�son or persons legally ent+tl�d
<br /> theretv.
<br /> �c} Trus�ee may in the manner pro�ided by!aw postpone sale o�all ar any portian of the Prope�ty.
<br /> Remedies Nat Exclusi�e. Trustee and Lender, and ea�h of them, sha�l be entitled to enforce payment and
<br /> perf�rmance❑f any indebtedness❑r❑bligations secured by this ❑eed of Trust and to exercise ali rights and powers
<br /> under this Deed of Trust, under the Credit Agreement, under any of the Related D�cuments, or under any❑ther
<br /> agreement or any Iaws now or her�after in force; notwithstanding, some vr a!I of such indebtedness and
<br /> abligations secured by this Deed vf Trust may now o�hereafter be vtherwise secured,whether by mortgage,deed
<br /> vf trust, pledg�, lien, assignment or❑therwise. Neither the acceptance of this �eed of Trust nar its snforcemen�,
<br /> whether by�ourt action or pursuant to the pawer of sale or other powe�s contained in this Deed of Trust, shall
<br /> pre�udice or in any manner affect Trustee's or Lender's right to reaiize upvn or enforce any o#her security now or
<br /> hereafter heid by Trustee ar L�nder, it being agreed that Trustee and Lender, and each of them,shall be entitled to
<br /> enforce this Deed of Trust and any other se�urity now ar hereafter held by Lender or Trustee in such order and
<br /> manner as they or either of them may �n their absvlute discretian determine. No remedy conferred upon ❑r
<br /> reserved to Trustee or Lender, is intended to be exclusiUe of any o#her remedy in this Deed af Trus� or by faw
<br /> provided or permitted, but each shall be cumulati�e and shall be in addition tv every ❑ther remedy gi�en in this
<br /> ❑eed of Trust or now or hereafter existing at law or in equity or by statute. E�ery power or remedy gi�en by the
<br /> Credit Agreement �r any of the Re�a�ed Documents to Trustee or Lender vr tv whi�h either of them may be
<br /> otherwise en#itled, may be exercised, concurr�ntly or independently, from time to time and as often as may be
<br /> deemed expedient by Trustee ❑r Lender, and either of them may pursue inconsistent remedies. Nothing in #his
<br /> Deed of Trust shall be canstrued as prohibiting Lender from seeking a deficiency judgment against the Trustor to
<br /> the extent such action is permitted by law.
<br /> Election of Remed�es. Ai{ vf Lender's rights and remedi�s will be cumulati�e and may be exercised alvne or
<br /> together. If Lender de�ides to spend money or to perform any of Trustvr's obligations under this ❑eed af Trust,
<br /> after Trustor's failure to do so, that decisian by Lende�will not affect Lender's right to declare Trustor�n default
<br /> and to exercise Lender's r�medies.
<br /> Request for Notice. Trustar,an behalf of Trus#or and Lender, hereby requests that a copy vf any Notice vf Default
<br /> and a copy of any Notice of Sale under this Deed o�Trust be mailed ta them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorr�eys' Fees; Expenses. If Lender institutes any suit or activn tv enfvrce any of the terms of�his Deed ❑f
<br /> Trust, Lender shal! be entitled�o re�o�er such sum as the court may adjudg�reasonable as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court actian is in�ol�ed, and ta �he extent nvt prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are n�cessary at any time for the proteGtian o� its
<br /> int�rest❑r the enf�rcement of its rights shall beGome a part vf the Indebtedness payable on demand and shall bear
<br /> �nt�rest at the Credit Agreement rate from the date af the expenditure un�il repaid. Expenses covered by this
<br /> paragraph include, w�thout limitativn, hawe�er subject to any limits under applicable law, L�nd�r's attorneys'f��s
<br /> and Lender's lega! expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
<br /> bankruptcy prviceedings {including efforts to modify vr�acate any autamatic stay vr injunction}, appeals, and any
<br /> anticipafed post judgment c�llec#ion services, the cost of searching records, vbtaining title reports �including
<br /> �oreclvsure reports}, sur�eyors' rep�rts, and appraisal�ees, title insurance,and fees#or the Tru�tee, to the extent
<br /> permitted by appli�able law. Trustor also will pay any caurt costs, in addition to all oth�r sums p�o�ided by law.
<br /> Rights of Trustee. Trustee shali ha�e all af the rights and duties of Lender as set forth in this section.
<br /> P�WERS ANO �SLIGATI�NS DF TRUSTEE. The following pra�isivns relating to the pawers and obligations o�Trustee
<br /> are part af this Deed of Trust:
<br /> Powers a�Trustee. In addit�on to all powers of Trustee ar�sing as a matter of law, Trustee shall have the power to
<br /> take the following a�tions with r�spec�ta the Property upon the written request❑f Lender and Trustor: �a}join in
<br /> preparing and filEng a map or plat of the Real Property, including the dedi�ation of streets or other rights t❑ the
<br /> pub�ic; tb} jv�n in granting any easem�nt vr creating any restriction on the Real Property; and tc} join in any
<br /> sub�rdination or other agreement affecting this Deed of Trust or the interest of Lender under#his Deed vf Trust.
<br /> Trustee. T�ustee shall meet all qualificatians required for Trust�e under app�icable law. ln addit�on tv the rights
<br /> and remedies set forth abo�e, with respect tv all ar any part of the Property, #he Trustee shall ha�e the ��ght to
<br /> forecloss by notice and sale, and Lender wi�l ha�e the right to foreclose by judicial fareclosure, in either case in
<br /> a�oordan�e with and tv the full extent pro�ided by applicable law.
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