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202401336 (vii) The proceeds of any sale or disposition hereunder, together with any other sums which then may be held by Trustee or Beneficiary under this Deed of Trust, whether under the provisions of this paragraph, or otherwise, shall be applied as follows: FIRST, to the expenses of such sale or disposition together with Trustee's fees and reasonable attorneys' fees and expenses, Beneficiary's costs and the actual cost of publishing, recording, mailing, posting notice, the cost of any search or other evidence of title procured in connection therewith, if applicable, and recordation and transfer taxes and other charges, if any, on any release or deed of reconveyance; SECOND, to the payment of all amounts secured by this Deed of Trust, including but not limited to those set forth in the Notes and any other Loan Document, and all other sums due Beneficiary from Trustor; THIRD, to all other sums secured by the Property; and FOURTH the remainder, if any, to the person or persons legally entitled thereto in the order of their priority. The Beneficiary shall have the right to become the purchaser at any sale held by any Trustee or substitute or successor or by any receiver or public officer, and Beneficiary shall have the right to credit upon the amount of the bid made therefor, to the extent necessary to satisfy such bid, the Obligations owing to Beneficiary, or if Beneficiary holds less than all of such indebtedness the pro rata part thereof owing to Beneficiary, accounting to all other beneficiaries or noteholders not joining in such bid in cash for the portion of such bid or bids apportionable to such nonbidding beneficiary or noteholder. Notwithstanding anything to the contrary herein, Beneficiary agrees that Beneficiary will not exercise any rights or remedies it may have under the Loan Documents with respect to the Trust unless the Department is seeking remedies from Beneficiary or Trustor or enforcing an event of default against Beneficiary or Trustor; provided, however, that Lender shall not be prohibited from requiring Trustor to cure any non -monetary default prior to the Department seeking any remedies from Beneficiary or Trustor or enforcing an event of default against Beneficiary or Trustor. 9. Remedies Not Exclusive. Trustee and Beneficiary shall each be entitled to enforce payment and performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note, under any of the Loan Documents, or under any other agreement with Trustor or any laws now or hereafter in force; notwithstanding some or all of such indebtedness and obligations secured by this Deed of Trust 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, by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, 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 Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Beneficiary, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given to Trustee or Beneficiary by the Note, this Deed of Trust or any of the Loan Documents, or to which either of them may be otherwise entitled, may