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<br /> 2� 17�2� 19 �
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<br /> �h� IJp�n sale of the Trust Praperty at any judicial or non judicial foreclosure, Beneficiary may
<br /> cred�t bid �as determined by Beneficiary in its sole discre�ion� a11 or any por�ian of the S�cured
<br /> 4bliga�i�ns. In d�termining sueh credit bid,Beneficiary may, bu�is nat obligated to,take into account a11
<br /> or any of the fallawir�g: [i}appraisals of the Trust Property as such appraisals may be disc�unted or
<br /> adjusted by Benefic�ary in�ts sole underwriting discre�ion; �ii} expenses and costs incurred by Benef c�ary
<br />' wzth respec� to the Trust Property prior to fore�l�sure; (iii�e�penses and costs which Beneficiary
<br /> antic�pates wi11 be incurred with respect to the Trust Praperty after foreclosure, but prior to resale,
<br />� �ncluding �vithou� limita�ian, casts af structura� reports and ather due d�ligence, cas�s �� carry th� Trust
<br />;
<br /> Proper�y pri�r to resale, cos�s of resale �e.g., con�rnissions, attorneys' fees, and taxes), Hazardaus '
<br /> Ma�eria�s clean-up and monit�r�.ng, deferred maintenance, repair, refurb�shment and retr�fiti, and costs af
<br /> defending or settling �i�iga�ian affecting th� Trus� Praper�y; (iv) de��ining trer�ds in real praperty �alues
<br /> generally and with respec� �a properties similar t� the Trust Pr�perty; (v} an�icipat�d discounts up�n �
<br /> resale of the Trust 1'roperty as a distressed or fareclosed proper�y; �vi� the �xistenCe af addi�ional
<br /> ca��ateral, if any, far the Secured �bligatians; and �vii} such other factors or matters that Beneficiary
<br /> deems apprapriate. Trustor acknowledges ar�d agrees that: �A}Beneficiary is not required�o use any or �
<br /> aIl of the foregaing factors to determi.ne the amount af its credit bid; �B�this Section do�s not impase
<br /> up�n B�neficiary any additional ob�igations that are no�imposed by�a�v at the t�me the credi�b�d is made;
<br /> ��}the amount of Beneficiary's credi�bid need no�have any rela�ion to any loan-�o-�alue ratios speci�ed
<br /> in any agreement between Trustor and Beneficiary or prev�vusly discuss�d by Trustor and B�neficiary;
<br /> and �D�Benef�ciary's credit b�d may be, at Benef�ciary�s sale discretion, higher or lower than any
<br />; appra�sed va�ue of th�Trust Property.
<br /> 4.3 A l�cation of Fore�losure Sale Proceeds. After deducting all costs, fees and expenses �f
<br /> Trust�e, and of this trust, including costs af evidence of title and attarneys' fees in connection with a sale,
<br /> all proceeds of any foreclasure sale shall be appl�ed first, to payment of all 5ecured �bligatians
<br /> �including withou� �imitation, al� sums expended by Beneficiary under the terms her�of and not ther�
<br /> repaid, with accrued interest at the highe�t rat�p�r annum payab�e under any Secured�bliga�ion�,in such
<br /> ord�r and amounts as Beneficiary in its sol� discreti�n shall determine; and the rema�nder, if any, to the
<br /> person or persons l�gally ent��led thereta.
<br /> 4.4 A ��cat�an af �ther Sums. All sums recei�ed by Beneficiary or any agent or receiver
<br /> hereunder, less ail costs and expenses incurred by Beneficiary or such agent ar receiver, including
<br /> reasonable attorneys' fees, sha�1 be app�i�d to paymen� af the Secured �b�igatians in such order as
<br /> Beneficiary shall determine in its sole �iiscre�ion; pr�vided howe�er, that Beneficiary shall have no
<br /> liabil�ty for funds not actually received by Beneficiary.
<br /> 4.5 No �ure or�]LTai�er. N�ither Beneficiary�s, Trustee's or any rece�v�r's entry up�n and taking
<br /> possessian af the Trust Proper�y, nor any callection of Rents, �nsurance proce�ds, condemnat��n pro�eeds
<br /> or damages, other security or praceeds af ather securi�y, or other sums, nor the application of any
<br /> co�lected sum �o any Secured �bligation, nar the exercise of any other right ar remedy by Benefic�ary,
<br /> Trustee ar any receiver shall impair the status af the security of this Deed of Trust, ar cure or waive any
<br /> breach, Default ar natice of default under this Deed�f Trust, or nuliify the effect of any noti�e of default
<br /> ar sale �unless a11 5ecu.red�bligations and any ather sums �hen due hereund�r have been paid in fu�l and
<br /> Trustor has cured all other Defaults�, or prejudice Beneficiary ar Trustee in the exercise of any right or
<br /> remedy, or b� cons�rued as an affirmation by Beneficiary of any tenancy, lease or option of tihe Trust
<br /> Property or a subordinat�an af the�ien af�his D�ed of Trust. !
<br /> 4.� �asts Ex ens�s and Attorne s' Fees. Trustor agrees to pay to Beneficiary immediately
<br /> upan demand the full amount of all paymen�s, advances, Charges, costs and expenses, including court
<br /> costs and reasanabl� attarneys' fees, expended ar �ncurred by Trustee or Beneficiary pursuant to this
<br /> Ar��cle N, wheth�r �ncurred at the trial or appellate leve�, in an arbitration pr��eeding or o�her-vvise, and
<br /> �nc�uding any of the foregoing incurred an connectian with any bankruptcy pro�eeding�includ�ng wi�hout
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