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200011183 (b) In the event that there is a Trustee's sale hereunder and if at the time of such sale Trustor or its heirs, personal representative, executor, administrator, successor or assign is occupying the Premises or any part thereof so sold, each and all shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day terminable at the will of either tenant or landlord, at a reasonable rental per day based upon the value of the Premises, such rental to be due daily to said purchaser. An action of forcible detainer shall lie if the tenant holds over after a demand in writing for possession of the Premises; and this Deed of Trust and the trustee's deed shall constitute a lease and agreement under which the tenant's possession arose and continued. (c) Successor Trustor. In the event ownership of the Property or any portion thereof becomes vested in a person other than the Trustor (as herein named), Beneficiary may, without notice to the Trustor (as herein named), whether or not Beneficiary has given written consent to such change in ownership, deal with such successor or successors in interest with reference to this Deed of Trust and the indebtedness secured hereby, and in the same manner as with Trustor, without in any way compromising or discharging Trustor's liability hereunder or under the indebtedness hereby secured. (d) Beneficiary's and Trustee's Right to Act. Should Trustor fail to make any payment or to do any act required under the terms of the Loan Agreement or this Deed of Trust, then Beneficiary or Trustee may, without obligation so to do, upon reasonable prior notice to Trustor and without releasing Trustor from any obligation thereunder, (i) Make any such payment or do or perform any such acts in such manner and to such extent as either Beneficiary or Trustee in its sole discretion may determine to be necessary to proper to preserve the value of the Property and /or to protect the security of this Deed of Trust; or (ii) Do or perform any acts which Trustor is obligated hereunder to do or perform; or (iii) Pay, purchase, contest or compromise any encumbrance, charge or lien, which in the judgment of either appears to be prior or superior hereto. In exercising any such powers or performing any such acts Beneficiary and Trustee are hereby authorized to enter upon the Property at any time for such purpose and to incur any liability and expend whatever amounts in their absolute discretion they may deem necessary therefor, including, but not limited to, the cost of evidence of title and the employment of counsel and the payment of counsel's reasonable fees. 12