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202305434 (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust incurred in connection with any such default or sale or foreclosure or all of them, including attorney's fees and costs of evidence of title in connection with the sale, and a Trustee's fee, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the terms hereof, not then repaid, with accrued interest at the default rate provided in the Note, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. The Trustee's fee shall equal 5% of the outstanding principal balance of the Note, plus attorney's fees incurred by the Trustee in connection with performing its duties under this Deed of Trust. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate. 19. REMEDIES NOT EXCLUSIVE; EXCULPATION. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary are independent and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. Beneficiary shall not enforce the liability and obligation of Trustor to perform and observe the obligations contained in this Note or the Deed of Trust by any action or proceeding wherein a money judgment or other judgment establishing personal liability shall be sought against Trustor, except that Beneficiary may bring a foreclosure action or power of sale proceeding to enable Beneficiary and/or Trustee to enforce and realize upon their interest under this Deed of Trust. 20. TRANSFER OF THE TRUST ESTATE; ASSUMPTION. If all or any part of the Trust Estate or interest therein is sold, transferred or otherwise conveyed by Trustor, including any transfer by operation of law, without Beneficiary's prior written consent, excluding: (a) A transfer by devise or descent upon the death of the Trustor; or (b) The grant of any leasehold interest not otherwise contrary to the terms hereof; Such action gives rise to a right of acceleration under this Deed of Trust or the Loan Instruments and Beneficiary may, at Beneficiary's option, declare all sums secured by this Deed of Trust to be immediately due and payable, or cause the Trustee to file a notice of default if all such 8