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201901174 <br />(d) Trustee 's Sale. Upon the occurrence of an Event of Default, Beneficiary <br />may declare all indebtedness hereby secured immediately due and payable by delivery to <br />Trustee of written declaration of default and demand for sale and of written notice of <br />default and of election to cause the Mortgaged Premises to be sold, which notice Trustee <br />shall cause to be filed for record. After Trustee shall have given and recorded such other <br />notice as the law then requires as a condition precedent to a Trustee's sale under power of <br />sale, after the lapse of such time as may then be required by law following the recordation <br />of said notice of default and notice of sale having been given as then required by law, <br />Trustee, without notice to or demand upon Grantor except as otherwise required by law, <br />may sell the Mortgaged Premises at the time and place of sale fixed by it in the notice of <br />sale, either as a whole or in separate parcels and in such order as it or Beneficiary may <br />determine, at public auction to the highest bidder for cash in lawful money of the United <br />States, payable at time of sale (the indebtedness hereby secured being the equivalent of <br />cash for purposes of said sale). Grantor shall have no right to direct the order in which <br />the Mortgaged Premises are sold. Trustee may postpone sale of all or any portion of the <br />Mortgaged Premises by public announcement at such time and place of sale and from <br />time to time thereafter may postpone such sale by public announcement at such time <br />fixed by the preceding postponement. Trustee shall deliver to the purchaser at such sale a <br />deed conveying the Mortgaged Premises or portion thereof so sold, but without any <br />covenant or warranty, express or implied. The recitals in such deed of any matters or <br />facts shall be conclusive proof of the truthfulness thereof absent manifest error. Any <br />person, including Trustee, Grantor or Beneficiary may purchase at such sale. After <br />deducting all costs, fees and expenses of Trustee, and of this Deed of Trust, including, <br />without limitation, cost of evidence of title and attorneys' fees in connection with sale, <br />Trustee shall apply the proceeds of sale as prescribed in Section 21 hereof. Before any <br />such Trustee's sale under power, Beneficiary may rescind such notices of default and of <br />election to cause the Mortgaged Premises or any part thereof to be sold by delivering to <br />Trustee a written notice of rescission, which notice, when recorded, shall cancel any prior <br />declaration of default, demand for sale and acceleration of maturity. The exercise of such <br />right of rescission shall not constitute a waiver of any default then existing or <br />subsequently occurring, or impair the right of Beneficiary to deliver to Trustee other <br />declarations of default and demands for sale or notices of default and of election to cause <br />the Mortgaged Premises or any part thereof to be sold, or otherwise affect any provision <br />of the Notes or of this Deed of Trust or any of the rights, obligations or remedies of <br />Beneficiary or Trustee hereunder. <br />(e) Appointment of Receiver. Trustee or Beneficiary shall, as a matter of right, <br />without notice and without giving bond to Grantor or anyone claiming by, under or <br />through it, and without regard to the solvency or insolvency of Grantor or the then value <br />of the Mortgaged Premises, be entitled to have a receiver appointed of all or any part of <br />the Mortgaged Premises and the rents, issues and profits thereof, with such power as the <br />court making such appointment shall confer, and Grantor hereby consents to the <br />appointment of such receiver and shall not oppose any such appointment. Any such <br />receiver may, to the extent permitted under applicable law, without notice, enter upon and <br />take possession of the Mortgaged Premises or any part thereof by force, summary <br />proceedings, ejectment or otherwise, and may remove Grantor or other persons and any <br />-12- <br />