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201805013 <br />12. Certain Remedies. Without limiting the rights of the Beneficiary under the Loan Documents and <br />in addition to any other rights or remedies available to Beneficiary at law or in equity, upon the occurrence of an <br />Event of Default, the Beneficiary may exercise any one or more of the following rights: <br />(a) Beneficiary may enter upon, take immediate possession of, manage, and operate the <br />Property or any part thereof; make repairs and alterations and do any acts which Beneficiary deems <br />reasonably proper and necessary or advisable to protect the security hereof, including but not limited to <br />those granted Beneficiary pursuant to the other Loan Documents; and either with or without taking <br />possession, in its own name, sue for or otherwise collect and receive Rents, issues and profits, including <br />those past due and unpaid, and apply the same, less costs and expenses of operation and collection, <br />including reasonable attorneys' fees and the Beneficiary's costs, upon the Obligations and in such order as <br />Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to <br />Beneficiary at the Real Property any of the Property which has been removed therefrom. The entering <br />upon and taking possession of the Property, the collection of any Rents, issues or profits and the application <br />thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any <br />Notice of Default hereunder or invalidate any act done pursuant to any such notice. Notwithstanding <br />Beneficiary's continuance in possession or receipt and application of Rents, issues or profits, Beneficiary <br />shall be entitled, as a matter of right, to exercise every right provided for in this Deed of Trust or by law <br />upon or after the occurrence of an Event of Default. Any of the actions referred to in this paragraph may be <br />taken by Beneficiary at such time as Beneficiary is so entitled without regard to the adequacy of any <br />security for the Obligations. <br />(b) Beneficiary shall, without regard to the adequacy of any security for the Obligations, be <br />entitled to the immediate ex parte appointment of a receiver by any court having jurisdiction, without <br />notice, to take possession of and protect the Property and operate the same and collect the Rents, issues and <br />profits therefrom. <br />(c) Beneficiary may bring an action in any court of competent jurisdiction to foreclose this <br />Deed of Trust or to enforce any of the covenants hereof. <br />(d) Trustee may, and upon the request of Beneficiary shall, elect to cause the Property or any <br />part thereof to be sold as follows: <br />(i) Trustee may proceed as if all of the Property were real property in accordance <br />with Section (iv) below, or Trustee may elect to treat any of the Property which consists of a right <br />in action or which is property that can be severed from the Real Property without causing <br />structural damage thereto as if the same were personal property and dispose of the same in <br />accordance with Section (iii) below, separate and apart from the sale of any real property, the <br />remainder of the Property being treated as real property. <br />(ii) Trustee may cause any such sale or other disposition to be conducted <br />immediately upon the expiration of any redemption period required by law, or Trustee may delay <br />any such sale or other disposition for such period of time as Trustee deems to be in its best <br />interest. Should Trustee desire that more than one such sale or other disposition be conducted, <br />Trustee may, at its option, cause the same to be conducted simultaneously, or successively on the <br />same day, or at such different days or times and in such order as Trustee may deem to be in <br />Beneficiary's best interest. <br />(iii) Should Trustee elect to cause any of the Property to be disposed of as personal <br />property as permitted in Section (i) above, Trustee or Beneficiary may dispose of any part thereof <br />in any manner now or hereafter permitted by Article 9 of the Uniform Commercial Code or in <br />accordance with any other remedy provided by law. Both Trustor and Beneficiary shall be eligible <br />to purchase any part or all of such property at any such disposition. Any such disposition may be <br />either public or private as Trustee or Beneficiary may so elect, subject to the provisions of the <br />Uniform Commercial Code. Trustee or Beneficiary shall give Trustor at least ten (10) days' prior <br />written notice of the time and place of any public sale or other disposition of such property and if <br />4 <br />