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<br /> � any part thereof, �in their awn name or in ths naiae of Trustee, and do an� acts
<br /> � which they deem necessar�+ or desirab2e to reserve the value, marketability or _
<br /> ren�aDiZity of Lh� T��st F.StatA� nr �,ar� t�Prae�€ nr ;nr�,-o�r th�rrin. in;,r��a�
<br /> the income therefram or pr�tect the security hereof, and with or without
<br /> taking goss��sion of the Trust Estate, sue for or otherwise collect the ren�s,
<br /> ; issues and profits thereof, incluciing those past due and nnpaid, and apply the
<br /> same, less costs and expenses of operatfon and collection includinq �
<br /> attorneX's fees, n�n an� indebtedness secured hereby, al� in such arder as
<br /> Heneficiary may de ermine. The entering upon and taking possession of the
<br /> Trust Est�te, the col2ection of such rents, issues and profits an@ the
<br /> application thereof as aforesaid, shall not cure or waive any default or �
<br /> notice of default hereunder or invalidate any act dofle in respanse to such
<br /> � default or pursuant ta such notice of default and, notwithstanding the
<br /> continuance in possessian of the Trust Estate or the colleetion, reeeipt and
<br /> app licatfon of rents, issues or profits, Trustee cr Beneficiary shall be
<br /> � entitled to exercise every right p�ovided for in any of the Loan Instruments
<br /> or by.law upon occurrence of any event af default, including the right to
<br /> ; exercise the power of sal�; �
<br /> . " (b) Commence an action to foreclose this Deed of Trust as a mortgage, � �
<br /> agpoint a receiver, or specifically enforce any of the covenants hereof;
<br /> � � (e� Qeliver to Trustee a written deG2ar-ation of default and demand for
<br /> r sale, an a written notice of default and eIc-�tion to cause Trustor's interest "
<br /> ' izs the Tru�t Estate to be sold, which itotice xastee shall cause td be duly �
<br /> � fi{ed for record in. the appropriate Q�€icial Racarc3.� of the County in which �..
<br /> � � �i,� Trust Estate �s located. ,
<br /> � � � �.I. FORECLa3URE BY E4WER OF SALE. Should Beneficiary elect to �� � '
<br /> ; foreclose b exerc�se o e ovre: o ale herein contained, B�neficiary shall �-
<br /> . � aotify Trus�ee a�d shall deposit with Trustee this II�ed of Trust and the Rote
<br /> �nd such receipts �nd evidence of expenditures made aivi secured hereby as
<br /> Trustee may requirc. �
<br /> �a) Upon rec�st.,��,.tr+seh notice from II��eficiary, Trustee sha1Z cause �
<br /> ' to be recorded, puL�i.iszr�a: -:a=:3 delivered to :r��stor such Notice of Default ar>3 •� � ��
<br /> + I�L�tice of Sale as ti^r�, ���i.:red by law and by this Deed of Trist. Tru��tee . . � x
<br /> �J"sf311, without d�:r�i a;. L�vstor, after such time as r,y then be req-�.ii.e�8 by =
<br /> ,..; Irs� and after recc��3�tior. cf such r�t�ice of Default a.�-v�. after Notice af Sale � � �;==��
<br /> TL�ving been given as regta:.r�2d by law;;sell the Trust Lstate at the time and � • '1`"-
<br /> � place of sale fixed by it in such Notice of Sale either as a whole, or in � f�-
<br /> ; separate lots or parcels or items as Trustee shafl deem expedient, and in such .�-�
<br /> order as it may determine, at public auction to the highest hidder for cash, `
<br /> ' in 2awful moneg of the United States, payable at the time of sale. Trustee
<br /> ' shall deliver to such purchaser or purchasers there��, its good and sufficient
<br /> deed or deeds, conveying the property so sold, but without any covenant or
<br /> ' warranty, e ress or implied. The recitals i�, such deed of z.n� matters or
<br /> ! facts shall�e conclusive �roof of the trutl;f�l?ness thereof. r�ny person, -
<br /> including, without limitation, Trustor, Tru���a, anal Beneficiary, may purchas�
<br /> � at such sale, and Trustor hereby covenants t^ warrar.� ati8 defend the t�.tle af �
<br /> � such purchaser or purchasers. . .
<br /> ; (b) As may be permit4ed by law, after deducting all costs, fees, �
<br /> � - �xpenses of Trustee and o� i-.��is Trust, including costs of evidence of title ir.
<br /> � � connection with sale, Trus�rrc- shall apply tF:s proceeds of sale to payment of
<br /> , Si� all sums expended unde� rhe terms hereof, not then repaid, with accruec3 -
<br /> ; �n erest at fourteen (14) �ercent per annum, (ii) a1L other sums then secured
<br /> ; I�nreby, and (iii) the remair�der, if any, to the perscn or persons legally ��
<br /> E en�itled thereto. ;.�.
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<br /> any portion�ofsthe TrustlEsfiatemanner pro�ridcrw by law, postpor.e sale of all or �''�;
<br /> � 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and eaelz bf them, - �
<br /> shall be en e � en orce payment and performance of ang,i.nd�btedness or �� -
<br /> � obligations securec3 hereby and to exercise all rights and �cwt:�s under this
<br /> Deed of Trust or under any rloan Instrument ar other agreemen� �r any laws now �
<br /> or hereaf�er in force, notwithstanding some or all of the such indebtedness
<br /> and obligations secured hereb may now or hereafter be otherwise secured,
<br /> � s�hether by mortgage, deed of �rust, pledge, lien, assignment or otherwise.
<br /> Ileither the acceptance of this Deed of Trust nor its enforcement whether by
<br /> court action or pursuant to the power of sale or other powers herein
<br /> ' eontained, shall prejudice or in any manner affect Trustee's or Beneficiary's
<br /> , right to realixe u�on or.enfarae any other security now or hereafter held by
<br /> Trustee or BeneficiarX, it being agreed that Trustee and Beneficiary, and each
<br /> of them, shall be entYtled to enfarce this IIeed of Trust and any other
<br /> security now or hereafter held by Beneficiary or Trustee, in such order and
<br /> manner as they or either of them may in their absolute discrotion determine.
<br /> No reme8y herein conferred upon or reserved to Trustee ar Beneficiary is - __ __
<br /> intended to be exclusive of any other remedy herein or by law.provided or ; l
<br /> permitted, but each shall. be cumulative and shall be in addition to every
<br /> other remedy given hereunder or naw or hereafter existing �t law or in equity
<br /> , � or by Statute. Every power or remedX given b any of .the Loan Instruments to
<br /> Trustee or� Beneficiary or to which either of �hem may be otherwfse entitled, �
<br /> � . m.a4• bs c::�rci���, ccs�ec�rrsstt2y or ir�degeadeat2y. fros� tfra� t� tire, drw tl� -
<br /> often as may be deemed expedient by Trustee or Benaficiary; and either of th�m
<br /> may pursue incon�istent reme8ies. Nothing herein shall be construed as
<br /> L prahibiting Beneficiary from seeking a deficiency juQgment against tha Trustor
<br /> to the extent such actian is permitted by law.
<br /> 13. REQUEST F'dR NOTICL. Trustor hereby requests a capy of any notice �
<br /> of �efauit, an t� �ny no ce of sale hereunder b� mailed ta it at thc• �
<br /> addrdss set. forth in the fiXSt paragraph af thi� DE�d of 'Prust.
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