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202401336
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4/1/2024 4:04:18 PM
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4/1/2024 4:04:18 PM
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DEEDS
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202401336
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202.401336 <br />and in such order as Beneficiary may determine. The entering upon and taking possession <br />of the Property, the collection of any rents, issues or profits and the application thereof as <br />aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect <br />any Notice of Default hereunder or invalidate any act done pursuant to any such notice. <br />Notwithstanding Beneficiary's continuance in possession or receipt and application of <br />rents, issues or profits, Beneficiary shall be entitled, as a matter of right, to exercise every <br />right provided for in this Deed of Trust or by law upon or after the occurrence of an <br />Event of Default. Any of the actions referred to in this paragraph may be taken by <br />Beneficiary at such time as Beneficiary is so entitled without regard to the adequacy of <br />any security for the Obligations. <br />(b) Beneficiary shall, without regard to the adequacy of any security for the <br />Obligations, be entitled to the immediate ex parte appointment of a receiver by any court <br />having jurisdiction, without notice, to take possession of and protect the Property and <br />operate the same and collect the rents, issues and profits therefrom. <br />(c) Beneficiary may bring an action in any court of competent jurisdiction to <br />foreclose this Deed of Trust or to enforce any of the covenants hereof. <br />(d) Trustee may, and upon the request of Beneficiary shall, elect to cause the <br />Property or any part thereof to be sold as follows: <br />(i) Trustee may proceed as if all of the Property were real property in <br />accordance with Section (iv) below, or Trustee may elect to treat any of the <br />Property which consists of a right in action or which is property that can be <br />severed from the Real Property without causing structural damage thereto as if the <br />same were personal property and dispose of the same in accordance with Section <br />(iii) below, separate and apart from the sale of any real property, the remainder of <br />the Property being treated as real property. <br />(ii) Trustee may cause any such sale or other disposition to be <br />conducted immediately upon the expiration of any redemption period required by <br />law, or Trustee may delay any such sale or other disposition for such period of <br />time as Trustee deems to be in its best interest. Should Trustee desire that more <br />than one such sale or other disposition be conducted, Trustee may, at its option, <br />cause the same to be conducted simultaneously, or successively on the same day, <br />or at such different days or times and in such order as Trustee may deem to be in <br />Beneficiary's best interest. <br />(iii) Should Trustee elect to cause any of the Property to be disposed of <br />as personal property as permitted in Section (i) above, Trustee or Beneficiary may <br />dispose of any part thereof in any manner now or hereafter permitted by Article 9 <br />of the Uniform Commercial Code or in accordance with any other remedy <br />provided by law. Both Trustor and Beneficiary shall be eligible to purchase any <br />part or all of such property at any such disposition. Any such disposition may be <br />either public or private as Trustee or Beneficiary may so elect, subject to the <br />provisions of the Uniform Commercial Code. Trustee or Beneficiary shall give <br />
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