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201901174 <br />21. Application of Proceeds. The Trustee shall apply the proceeds of the trustee's sale, <br />first, to the costs and expenses of exercising the power of sale and of the sale, including the <br />payment of Trustee's fees actually incurred not to exceed the amount which may be provided for <br />in the Deed of Trust, second, to payment of the indebtedness hereby secured by this Deed of <br />Trust, third, to the payment of junior deeds of trust, mortgages or other lienholders, and the <br />balance, if any, to the person or persons legally entitled thereto. <br />22. Reserved. <br />23. Trustee's and Beneficiary's Remedies Cumulative — No Waiver. No remedy or <br />right of Trustee or Beneficiary shall be exclusive of any other right or remedy but shall be <br />cumulative and in addition to every other remedy or right now or hereafter existing at law or in <br />equity or by statute or otherwise. No delay in the exercise or omission to exercise any remedy or <br />right accruing on any default shall impair any such remedy or right or be construed to be a waiver <br />of any such default or acquiescence therein, nor shall it affect any subsequent default of the same <br />or a different nature. Every such remedy or right may be exercised concurrently or <br />independently, and when and as often as may be deemed expedient by Trustee or Beneficiary. <br />24. Trustee, Beneficiary Party to Suits. If Trustee or Beneficiary shall be made a party <br />to or shall intervene in any action or proceeding affecting the Mortgaged Premises or the title <br />thereto or the interest of Trustee or Beneficiary under this Deed of Trust (including probate and <br />bankruptcy proceedings), or if Trustee or Beneficiary employs an attorney to collect any or all of <br />the indebtedness hereby secured or to enforce any of the terms hereof or realize hereupon or to <br />protect the lien hereof, or if Trustee or Beneficiary shall incur any costs or expenses in <br />preparation for the commencement of any foreclosure proceedings or for the defense of any <br />threatened suit or proceeding which reasonably would be expected to affect the Mortgaged <br />Premises or the security hereof, whether or not any such foreclosure or other suit or proceeding <br />shall be actually commenced, then in any such case, Grantor agrees to pay to Trustee or <br />Beneficiary, promptly upon demand, all reasonable costs, charges, expenses and attorney's fees <br />incurred by Trustee or Beneficiary in any such case, and the same shall constitute so much <br />additional indebtedness hereby secured payable upon demand with interest at the Default Rate. <br />25. Modifications Not to Affect Lien. Trustee and Beneficiary, without notice to anyone, <br />and without regard to the consideration, if any, paid therefor, or the presence of other liens on the <br />Mortgaged Premises, may, at the direction of Beneficiary, release any part of the Mortgaged <br />Premises or any person liable for any of the indebtedness hereby secured, may extend the time of <br />payment of any of the indebtedness hereby secured and may grant waivers or other indulgences <br />with respect hereto and thereto, and may agree with Grantor to modifications to the terms and <br />conditions contained herein or otherwise applicable to any of the indebtedness hereby secured <br />(including modifications in the rates of interest applicable thereto), without in any way affecting <br />or impairing the liability of any party liable upon any of the indebtedness hereby secured or the <br />priority of the lien of this Deed of Trust upon all of the Mortgaged Premises not expressly <br />released, and any party acquiring any direct or indirect interest in the Mortgaged Premises shall <br />take same subject to all of the provisions hereof. <br />-15- <br />