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2� 17� 1841 <br /> DEED �F TRUST <br /> Lvan Na; 'I�'i 3�'167� t�ont�nued} Page 7 <br /> separa�e Iots ar parcels vr it�ms as Trustee shaII deem expedien�, and in such ❑rder as it may determine� <br /> at pub�iC auction to�he highest bidder��r cash in lawfuE mvney nf the Un�ted 5tates payable a�the time <br /> vf sa�e. Trustee sha11 deli�er to such pu�chaser or purchasers therevf its govd and sufFicEent deed ❑�r <br /> deeds conveying the property so sald� bufi withaut any co�enant vr warranty. express or �mplied. The <br /> re�i�aIs in such d�ed ❑f any matters or �a�ts shaf� be conclus��e proof of the tru#hfulness therev�. Any <br /> persan, including withvut limiration Trus�vr,Trustee, or Lender, may purchase at such sale. <br /> tby As may be perm�tted by iaw, a�ter deduc�ing a!I costs, tees and expenses o� Trustee and af this <br /> Trust, including casts of e�idence v�titIe in cannection wi�h sa�e,Trustee shaI� appIy the praceeds nf sale <br /> to payment o� t�} a[�sums expended under�he�erms o�this Deed of Trust ar under�he terms af the Note <br /> not �then repaid, En�Euding but not limited ta accrued in�eres� and la�e charg�s, �ii} a!� ❑ther sums �then <br /> secured hereby. and {Eii}the remainder, if any,tfl the person vr persons Iegally entitled thereto. <br /> �c� Trustee may�n the manner pro�ided hy!aw postpone sale of al!or any portion❑f the ProQerty. <br /> Remedies Nvt Exclusi�e. Trustee and Lender, and each of them, shal� he entitled �o en�vrce payment and <br /> performance of any indebtedness vr abliga�ians secured by this Deed of Trus�and�❑exercise al� rights and powers <br /> under this ❑eed o�Trust� under th� Nofie, under any ❑� the Related ❑ocuments. or under any vther agreement or <br /> any laws naw or hereafter in farc�; nvtwithstanding, some or all v�such ;nd�b�edness and obiigations secured by <br /> th�s Deed a�Trust may now or her�a#ter be vtherwise secured, whether by martgage, deed o�trust, pledge, �ien, <br /> assignment or ❑#herwise. Nei�her the accep�ance of �his �e�d of Trus� nor ifis en�orc�ment, whether by court <br /> ac�ivn or pursuant ta �he power vf sale ar o�her powers contained in �his ❑eed af Trus�. shaii prejudice vr in any <br /> manner affec� Trus�ee's ar Lender's righ� �v reafize upvn ar en�arce any other securi�y nvw ❑r hereafter held by <br /> Trustee vr Lender, it being agreed fihat Trust�e and Lender, and each o��hem,shall be entitled ta enfvrce#his ❑eed <br /> of Trus� and any other s�cu�i�y now ar herea�f-ter held by Lender or Trustee in such ❑rder and mann�r as �hey or <br /> either of �hem may in their absa�ute discretion determine. Na remedy conferred upon or reserved ta Trustee or <br /> L�nder, is intended tv be exclusi�e ❑�any o�her remedy in this Deed a�Trus�or by Iaw pro�ided ❑r pe�mitted, but <br /> each shai� be cumuia���e and shal! be in addi�ion tv euery ❑th�r remedy gi�en �n this ❑eed of Trust or now or <br /> hereafter existing a�law flr in equity or by sta�ut�. Every pawer ar remedy gi�en by�he Nvte or any a�the Related <br /> �]acuments to T�-ustee ❑r Lender vr to which either of them may be atherw�se enti��ed, may be exercised, <br /> cvncurrently or �ndependent[y, #ram time t❑ time and as often as may �� deemed exp�dient by Trustee vr Lender, <br /> and ei�her ot them may pursue incvnsisten� remedies. Nvthing in this Deed v# Trust Shali be cvnstrued as <br /> prahibiting Lender from se�king a defic�ency�udgment against the Trustar to th� extent such ac��an is permitted by <br /> Eaw. Eiect�vn by Lend�r�o pursue any remedy shalE not exc�ude pursuit o� any ather remedy, and an elec�ion to <br /> make expenditur�s or�v ta�e ac��an to perfarm an obiigation a�f Trustor under this Deed of Trust. after T�ustor`s <br /> faiiure�v perfflrm, shall nvt affecfi Lender's right fio declare a default and exercis�its rem�dies. <br /> Reques#for Nvtice. Trustor, vn behai�of Trustar and Lender, her�by requests�hat a copy vf any No��ce��❑e�auft <br /> and a copy v�any Nvtice of 5a1e und�r this fleed ❑�Trust he maiEed to them a�the addresses se�forth in the first <br /> paragraph vf th�s De�d of T�ust. <br /> Attorneys' Fees; Expenses. ff Lender �ns�itutes any suit ❑r ac�ion �o en#or�e any o� the terms ❑f #his Ueed o� <br /> Trust, Lender shall be entitEed to recaWer such sum as the cour�may ad�udge �eas�nab[e as attvrneys' �ees a�tria� <br /> and upon any appeal. Whether or no� any court action Es inval�ed, and tv the exten� not prohibi�ed by iaw, aii <br /> reasonable expenses Lender incurs that in Lender's opinion are neGessary at any tim� for the pratectian of i�s <br /> in�erest or the enforcement of its rights shai� becvme a par�of the indebtedness paya�le on demand and shall bear <br /> interest at the No�e rate from th�date a�the expenditure until repaid. Expenses cavered by this paragraph include, <br /> wi#hout limitativn, however sub�ect�o any IimEts under applicable Iaw. Lender's attorneys' �ees and Lender's legal <br /> expenses, whe�her ❑r nat there is a lawsuit, incfudin� attvrneys' �e�s and expenses fvr bankrup�cy �roceedings <br /> �including ef�orts ta modify or�acate any automatic s�ay or injunctEon�, appeals, and any an�icipated post iudgmen� <br /> co��ection ser�ices, the cost of searching recordsr ❑btaining title repor�s tincludEng foreciosure repor�s}, sur�eyors' <br /> r�parts, and appraisa! fees, ti�le insurance, and �Fees for the Trustee, �to the ex�ent permi��ed by appiicable law. <br /> Trus�vr also w��i pay any caur�costs, in add��ion ta aEl other sums pra�ided by law. <br /> Rights of Trustee. Trustee shal[ ha�e a!i of the rights and duties❑f Lender as set for�h in this sectian. <br /> P�WERS AND DE3LIGAT��NS �F TRUSTEE. The fvIi�wEng pra�isions �elating �n the powers and obiigativns ❑�Trustee <br /> are part of#his Deed of Trus�: <br /> Pow�rs v�Trustes. in additivn to ai! pawe�rs of Trustee arising as a matter of�aw, Trustee sha�� ha�re the pawer to <br /> tak�the folEawing actions w��h respect�o the Property upan the wr�tten reques�v� Lender and Trustor: �a} join in <br /> preparing and �iiing a map ❑� p�at o� the Rea� Praperty. �ncluding the ded�ca��vn of stree�s ❑r o�her rights �a the <br /> public; {by �vin in granting any eas�ment or creating any restric�ion vn the Rea! Property; and {c} �o�n �n any <br /> subordination or o�her agreement affe�ting this D�ed of Trus�or the in�erest of Lender under this Deed 4f Trust. <br /> Trus#ee. Trustee sha�f inee� a�I quaii�Ecativns �equired for Trus�ee under appiicable law. In add�tion to the righ�s <br /> and remedies set forth abv�e, with �esp�ct ta al� or any part of the Prvperty, the T�ustee shal! have �he righ� to <br /> �flreciase by nvtice and saie, and Lende� shaii have the right�o foreclose by judicial foreclvsure, in eEther case in <br /> accardance with and�o the full extent provided by appiicable law. <br /> Successor Trustee. Lender. at Lender's option� may from t�me to time appoin�r a successor Trustee tv any Trustee <br /> appointed under this Ueed of Trust by an instrument executed and acl�nvwledged by Lender and recarded in the <br />