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<br />attorneys' fees and expenses incurred by Lender in exercising the power of sale or foreclosing this
<br />Deed of Trust; (B) second, to the payment of the Obligations (including, without limitation, the
<br />principal, accrued interest and other sums due and owing under the Note and the amounts due and
<br />owing to Lender under this Deed of Trust) in such manner and order as Lender may elect; (C) third, to
<br />the payment of junior deeds of trust, mortgages or other lienholders, and the balance, if any, to the
<br />person or persons legally entitled thereto; and (D) fourth, the remainder, if any, shall be paid to
<br />Trustor, or such other persons as may be legally entitled there
<br />(v) Trustee may, in the manner provided by law, postpone sale of all or any portion of the
<br />Trust Estate by public announcement at such time and place of sale, and from time to time thereafter
<br />may postpone such sale by public announcement or subsequently noticed sale, and without further
<br />notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new
<br />notice of sale.
<br />(e) Receiver. Obtain an order, ex parte, from a state or federal court appointing a receiver for
<br />(i) the business operations of Trustor; (ii) the Trust Estate; and/or (iii) any or all of the assets and property
<br />rights of Trustor. Lender's right to obtain such an order ex parte from such court shall be as a matter of right
<br />and without notice to Trustor or anyone claiming under Trustor, and without regard to the then value of the
<br />Trust Estate or the interest of Trustor therein. TRUSTOR WAIVES ANY RIGHT TO A HEARING OR
<br />NOTICE OF HEARING PRIOR TO THE APPOINTMENT OF A RECEIVER AND
<br />IRREVOCABLY CONSENTS TO SUCH APPOINTMENT. Trustor irrevocably agrees that any receiver
<br />appointed pursuant to this subsection may have all of the powers and duties of receivers in like or similar
<br />cases, including the right, with Lender's express written consent, to operate and sell all property of the
<br />receivership estate, and that such powers and duties shall be vested in the receiver until the later of (x) the
<br />date of confirmation of sale of the receivership estate, (y) the date of expiration of any redemption period, or
<br />(z) the date the receiver is discharged. Trustor waives any and all rights it may have to object to the
<br />appointment of a receiver as provided herein or to the receiver's operation or disposition of the receivership
<br />estate.
<br />5.3 Personal Property. It is the express understanding and intent of the parties that as to any personal
<br />property interests subject to Article 9 of the UCC, Lender, upon an Event of Default, may proceed under the UCC or
<br />may proceed as to both real and personal property interests in accordance with the provisions of this Deed of Trust
<br />and its rights and remedies in respect to real property, as specifically permitted under Section 9-604 of the UCC.
<br />5.4 Lender's Exercise of Remedies. Lender and Trustee shall be entitled to enforce payment and
<br />performance of any Secured Obligations and to exercise all rights and powers under this Deed of Trust or under any
<br />of the other Loan Documents or any laws now or hereafter in force, notwithstanding some or all of the Secured
<br />Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment
<br />or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant
<br />to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect
<br />Lender's or Trustee's right to realize upon or enforce any other security now or hereafter held by Lender or Trustee,
<br />it being agreed that Lender and Trustee 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 it may in its absolute discretion determine.
<br />5.5 Possession of Trust Estate. If, following the sale of the Trust Estate pursuant to the exercise of
<br />remedies under this Deed of Trust, Trustor continues to occupy any of the Trust Estate so sold, Trustor shall be
<br />deemed immediately and automatically to have become the tenant of the purchaser at such sale, which tenancy shall
<br />be a tenancy from day to day, terminable at the will of either tenant or landlord, at a reasonable rental per day based
<br />upon the value of the portion of the Trust Estate so occupied, such rental to be due and payable, daily to the
<br />purchaser. An action of unlawful detainer shall lie if the tenant holds over after a demand in writing for possession
<br />of such Trust Estate.
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