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the payment of junior trust deeds, mortgages or other liens, and the balance, if
<br />any, to the person or persons legally entitled thereto.
<br />(iii) In the event that the Notes secured hereby do not expressly
<br />permit prepayment at any time, then upon the occurrence of any Event of
<br />Default under this Deed of Trust or any Note secured hereby and following any
<br />acceleration of maturity of the indebtedness secured hereby, a tender of payment
<br />of the amount necessary to satisfy the entire indebtedness secured hereby, made
<br />at any time prior or subsequent to a foreclosure sale, whether under the power
<br />of sale contained herein or pursuant to judicial foreclosure proceedings, shall
<br />constitute an evasion of the payment terms of the indebtedness secured hereby
<br />and shall be deemed a voluntary prepayment of the indebtedness; and any such
<br />payment, to the extent permitted by law, must, therefore, include a charge
<br />required under the prepayment privilege, if any, contained in the Notes secured
<br />hereby; or, if at that time there shall be no privilege of prepayment, then such
<br />payment, to the extent permitted by law, will include a charge equal in amount
<br />to the greatest prepayment charge provided in the Notes for prepayment at any
<br />other permitted prepayment period.
<br />(iv) Grantor agrees, for itself and any and all persons or concerns
<br />claiming by, through or under Grantor, that if it, or any one or more of them,
<br />shall hold possession of the above described property, or any part thereof,
<br />subsequent to foreclosure hereunder, it, or the parties so holding possession,
<br />shall become, and be considered as, tenants at will of the purchaser or
<br />purchasers at such foreclosure sale; and any such tenant failing or refusing to
<br />surrender possession upon demand shall be guilty of forcible detainer and shall
<br />be liable to such purchaser or purchasers for reasonable rental of the Premises,
<br />and shall be subject to eviction and removal, forcible or otherwise, with or
<br />without process of law, and all damages which may be sustained by any such
<br />tenant as a result thereof being hereby expressly waived.
<br />(b) Appointment of Receiver. If an Event of Default shall have occurred,
<br />Beneficiary, as a matter of right and without notice to Grantor or anyone claiming
<br />under Grantor, and without regard to the then value of the Mortgaged Property or the
<br />interest of Grantor therein, shall have the right to apply to any court having jurisdiction
<br />to appoint a receiver or receivers of the Mortgaged Property and Grantor hereby
<br />irrevocably consents to such appointment and waives notice of any application
<br />therefor. Any such receiver or receivers shall have all the usual powers and duties of
<br />receivers in like or similar cases.
<br />(c) Protective Advances. If Grantor fails to pay any tax, assessment,
<br />encumbrance or other imposition, or to perform any other covenant, condition or term
<br />in this Deed of Trust, the Loan Agreement or any of the other Loan Documents,
<br />Beneficiary may, but shall not be obligated to pay, obtain or perform the same. All
<br />payments made, whether such payments are regular or accelerated payments, and costs
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