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200005275
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power
<br />of Sale herein contained, Lender shall notify Trustee and shall deposit with Trustee this
<br />Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be
<br />recorded, published, and delivered to Trustor such Notice of Default and Notice
<br />of Sale as then required by law and by this Deed of Trust. Trustee shall,
<br />without demand on Trustor, after such time as may then be required by law
<br />and after recordation of such Notice of Default and after Notice of Sale having
<br />been given as required by law, sell the Property at the time and place of the
<br />sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or
<br />parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to be the highest bidder for cash in lawful money
<br />of the United States payable at the time of sale. Trustee shall deliver to such
<br />purchaser or purchasers thereof its good and sufficient deed or deeds
<br />conveying the property so sold, but without any covenant or warranty, express
<br />or implied. The recitals in such deed of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Any person, including with limitation Trustor,
<br />Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees, and
<br />expenses of Trustee and of this Trust, including costs of evidence of title in
<br />connection with sale, Trustee shall apply the proceeds of sale to payment of
<br />(i) all sums expended under the terms of this Deed of Trust or under the terms
<br />of the Note not then repaid, including but not limited to accrued interest and
<br />late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if
<br />any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any
<br />portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to
<br />enforce payment and performance of any indebtedness or obligations secured by this
<br />Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws
<br />now or hereafter in force; notwithstanding, some or all of such indebtedness and
<br />obligations secured by this Deed of Trust may now or hereafter be otherwise secured,
<br />whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br />acceptance of this Deed of Trust nor its enforcement, whether by court action or
<br />pursuant to the power of sale or other powers contained in this Deed of Trust, shall
<br />prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce
<br />any other powers contained in this Deed of Trust, shall prejudice or in any manner
<br />affect Trustee's or Lender's right to realize upon or enforce any other security now or
<br />hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each
<br />of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them
<br />may in their absolute discretion determine. No remedy conferred upon or reserved to
<br />Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust
<br />or by law provided or permitted, but each shall be cumulative and shall be in addition
<br />to ever other remedy given in this Deed of Trust or now or hereafter existing at law or
<br />in equity or by statute. Every power or remedy given by the Note or any of the Related
<br />Documents to Trustee or Lender or to which either of them may be otherwise entitled,
<br />may be exercised, concurrently or independently, from time to time and as often as
<br />may be deemed expedient by Trustee or Lender, and either of them may pursue
<br />inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting
<br />Lender from seeking a deficiency judgment against the Trustor to the extent such
<br />action is permitted by Law. A waiver by any party of a breach of a provision of this
<br />Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise
<br />to demand strict compliance with that provision or any other provision. Election by
<br />Lender to pursue any remedy will not bar any other remedy, and an election to make
<br />expenditures or to take action to perform an obligation of Trustor under this Deed of
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