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f 02108974
<br />Beneficiary may elect, subject to the provisions of the Uniform Commercial Code of the
<br />Governing Jurisdiction. The Beneficiary shall have all of the rights and remedies of a
<br />secured party under the Uniform Commercial Code of the Governing Jurisdiction.
<br />Expenses of retaking, holding, preparing for sale, selling or the like shall include
<br />Beneficiary's reasonable attorneys' fees and legal expenses, and upon such default,
<br />Trustor, upon demand of Beneficiary, shall assemble such Property and make it
<br />available to Beneficiary at the Property, a place which is hereby deemed reasonably
<br />convenient to Beneficiary and Trustor. Beneficiary shall give Trustor at least ten (10)
<br />days' prior written notice of the time and place of any public sale or other disposition of
<br />such Property or of the time at or after which any private sale or any other intended
<br />disposition is to be made, and if such notice is sent to Trustor, in the manner provided
<br />for the mailing of notices herein, it shall constitute reasonable notice to Trustor.
<br />(c) Trustee is hereby irrevocably appointed the true and lawful attorney-in-fact of
<br />Trustor in its name and stead to make all necessary conveyances, assignments,
<br />transfers and deliveries of the Property, or any part thereof, and the rights so sold and
<br />for that purpose Trustee may execute all necessary instruments of conveyance,
<br />assignment and transfer, and may substitute one or more persons with like power,
<br />Trustor hereby ratifying and confirming all that its said attorney or any substitute or
<br />substitutes shall lawfully do by virtue hereof. Nevertheless, Trustor, if so requested by
<br />Trustee or Beneficiary, shall ratify and confirm any such sale or sales by executing and
<br />delivering to Trustee or to such purchaser or purchasers all such instruments as may
<br />be advisable in the judgment of Trustee or Beneficiary, for the purpose as may be
<br />designated in such request.
<br />(d) Trustor hereby expressly, waives any right which it may have to direct the order
<br />in which any of the Property shall be sold in the event of any sale or sales pursuant
<br />hereto.
<br />3.05 Proceeds. Unless otherwise provided by law, the proceeds of any sale made, and
<br />all sums recovered under this Article III, together with all other sums held by Trustee
<br />or Beneficiary under this Deed of Trust, shall be applied in the following order:
<br />(a) to the extent allowable under the laws of the Governing Jurisdiction, to all costs
<br />and expenses incurred in connection with the sale or sales and any judicial proceedings,
<br />including, but not limited to, all reasonable Trustee's and attorney's fees and expenses,
<br />and the costs of any title evidence;
<br />(b) to the repayment of all sums expended by Trustee or Beneficiary in accordance
<br />with the terms of this Deed of Trust and the Note;
<br />(c) the remainder, if any, to the person or persons legally entitled thereto.
<br />3.06 Power to Purchase. Trustee, Beneficiary, or their designee, may purchase at any
<br />sale or sales made under or by virtue of this Article III. No recovery of any judgment by
<br />Beneficiary and no levy of an execution under any judgment upon the Property or upon
<br />any other property of Trustor shall affect, in any manner or to any extent, the lien of
<br />this Deed of Trust upon the Property, or any part thereof, or any liens, rights, powers or
<br />remedies of Trustee or Beneficiary hereunder, but such liens, rights, powers and
<br />remedies of Trustee and Beneficiary shall continue unimpaired as before.
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