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2C2206890
<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.
<br />3.07 Possession. Notwithstanding the appointment of any receiver, liquidator or
<br />trustee of Trustor, or of any of its property, or of the Property or any part thereof, Trustee
<br />and Beneficiary shall be entitled to retain possession and control of all Property now or
<br />hereafter held under this Deed of Trust.
<br />3.08 Other Remedies. Beneficiary may elect to exercise any other remedies at law or
<br />in equity.
<br />3.09 Beneficiary's Other Powers. Without affecting the liability of any other person
<br />liable for the payment of any obligation herein mentioned, and without affecting the lien
<br />or charge of this Deed of Trust upon any portion of the Property not then or theretofore
<br />released as security for the full amount of all unpaid obligations, Beneficiary may, from
<br />time to time and without notice (i) release any person so liable, (ii) extend the maturity
<br />or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release
<br />or reconvey, or cause to be released or reconveyed, at any time at Beneficiary's option
<br />any portion or all of the Property, (v) make compositions or other arrangements with
<br />debtors in relation thereto.
<br />3.10 Remedies Not Exclusive. No remedy or right in this Deed of Trust is intended to
<br />be exclusive of any other remedy herein or by law provided, but each shall be cumulative
<br />and shall be in addition to every other remedy given hereunder or now or hereafter
<br />existing at law or in equity or by statute. No delay or omission of Trustee or Beneficiary
<br />in exercising any right or remedy contained in this Deed of Trust shall be construed to
<br />be a waiver of any Events of Default or any acquiescence therein; and every right and
<br />remedy given by this Deed of Trust to Trustee or Beneficiary may be exercised from time
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