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� 2� 17�2� 15
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<br /> Trustee may pastpan� any sale of�he Trus� Froper�y by public announcement at such time and p�ace of
<br /> sa�e, and from time to time may postpone suCh sale by public annauncement at the time and place fixed
<br /> by�he preceding pos�ponement. Trustee shall deliver to the purchaser at such sale a deed conveying the
<br /> Trust Property�r p�r�ion thereof so sold, but without any c�venant ar warranty, express or imp��ed. The
<br /> recitals in said de�d of any mat�ers or facts shal� be canclusive praof af the truthfu�ness thereof. Any
<br /> person, �ncluding Trust�e,Trustor or Benef c�ary,may purchas�at such sale.
<br /> �g} To resort to and realize upan the security hereunder and any other security now or�ater held
<br /> by Beneficiary cancurrently or successively and in one ar severa� ��nsal�da�ed or independent judi�ial
<br /> actians or lawfuliy �ak�n non j udicial proce�dings, or ba�h, and to apply the proceeds received in
<br /> ac�ardance w�th the Section here�f entitled A licat�on of For�c�asure Sa1� Proceeds, a�l in such arder
<br /> a.nd manner as Beneficia.ry sha�l determine in its sale discre�ion.
<br /> (h� Upon sale of the Trus� Property at any judicial or non jud�czal foreclosure, Beneficiary may
<br /> credit ��d �as de�ermined by Beneficiary in its so�e discreti�n� al� or any portion of the Secured
<br /> 4bligatians. In determi.ni.ng such credit b�d,Ben�fiGiary may,but is not ob�igated t�,take into accoun�al�
<br /> �r any of the following: ��} appra�sa�s of the Trus� Fraper�y as such appra�sa�s may be discounted or
<br /> adjus�ed by Beneficiary in its s�le underv�ri�xng d�scretian; �ii� expenses and costs incurred by Beneficiary
<br /> with respect to the Trust Property priar to f�recl�sure; ��i�}e�penses and casts which Beneficiary
<br /> anticipates will be incurred with respect to the Trust Proper�y after foreclosure, but prior to resa�e,
<br /> including withou� Iimitatian, cos�s of structural reports and other due diligences casts to carry �h� Trust
<br /> Property prior to resa�e, costs of resale �e.g., commissions, attorneys' fees, and taxes}, Hazard�us
<br /> Materials c�ean-up and monitoring, deferred maintenance, repair, refurbishment and retr�fit, and cos�s af ;
<br /> d�fend�ng or sett�ing Iitigation affect�ng the Trust Proper�y; (i��declirung trends in rea� property �alu�s
<br /> g�nerally and with respect to praperties simiiar to the Trust Property; (v� an��cipated discounts upon
<br /> resale of the Trust Property as a distressed �r foreclased property; �vi} the existence of additional
<br /> collatera�, if any, for the S�cured �bligat�ons; and (vii} such o�her factors ar matters th�� Benef�cia.ty
<br /> deems appropriate. Trustar a�knowledges and agrees that: (A}Beneficiary is no� required to use any or
<br /> al� of the foregaing fa�tors to de�ermine the amount of its credit bid; (B}this Section d�es no� impose
<br /> upnn Beneficxary any additional obligations�hat are nat imposed by law at the t�me th�credit hid is made;
<br /> �C}the amaunt af Beneficiary's credit�id need not have any relation to any l�an-to-value ratios spec�fied
<br /> in any agreement betweer� Trustor and Beneficia.ry or previously discussed by Trustar and Ben�ficiary;
<br /> and �D�B�neficiary's credit bid may be, at Beneficiary's sole d�scretion, higher �r lovver than any
<br /> appraised value of the Trust Property.
<br /> 4.3 Applicatian of Foreclosure Sale Pr�ceeds. Aft�r deduct�ng a�1 costs, fe�s and expenses of
<br /> Trustee, and of this trust, includ�ng costs of�vidence af t�tle and a�torneys' fees in connection with a sale,
<br /> all proceeds �f any foreclasure sal� shall be applied f�rst, to payment of all Secured �bligat�ons
<br /> �inc�uding without Iimitation, all sums expended by Beneficiary under the terms her�of and not then
<br /> repaid, with accrued interest at the highest rate per annum paya�le under any Secured 4bligation�, in such
<br /> or�ier and amaunts as Beneficiary in its sale discret�on shall determine; and the remainder, if any, t� the ,
<br /> person or persons legal�y entitled�heret�.
<br /> 4.4 App�ication of �ther 5ums. All sums rece�ve� by Beneficiary or any agent ar recei�er
<br /> hereunder, less all costs and expenses incu.rred by Beneficiary or su�h agent or rece�ver, including
<br /> reasonal��e attorneys' fees, shall be applied to payment of the Secured �b�igations zn such order as
<br /> Beneficiary shall determine in its sole discreti�n; pravided hawever, that Benef�ciary shall have no
<br /> liability for funds not actua�ly recei�ed by Beneficiary.
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<br /> 4.5 No Cure�r Wai�er. Neither B eneficiary's, Trustee's or any recei�er's entry upon and taking
<br /> passession of the Trust Property, nor any co��ection af Rents, in�urance proceeds, condemnat�an proceeds
<br /> or damages, �ther security or prac�eds of other security, or other sums, nor the applicatian of any
<br /> cal�ected sum t� any Secured �b�igation, nor the exercise af any ather right or remedy by Benef�ciary,
<br /> _11..
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