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<br /> adequacy of its security, enter upon and take possesaion of the Trust Eatate, or
<br /> any part thereof, in its own name or in the name of Truatee, and do any acts
<br /> which it deems necessary or deairable to preaerve the value, marketability or
<br /> rentability of the Trust Estate, or part thereof or interest therein, increase
<br /> the income therefrom or protect the security hereof, and with or without takinq
<br /> possession of the Truat Estate, sue for or otherwise collect the rents, issues
<br /> and profits thereof, including those past due and unpaid, and apply the same,
<br /> leas costs and expenses of operation and collection, including attorney's fees,
<br /> upon any indebtedness secured hereby, all in such order as Beneficiary may
<br /> determine. The entering upon and taking possession of the Trust Eatate, the
<br /> collection of such rents, issues and profits and the application thereof as
<br /> aforesaid, ahall not cure or waive any default or notice of default hereunder or
<br /> invalidate any act done in response to such default or pursuant to such notice
<br /> of default and, notwithstanding the continuance in posaession of the Trust Eatate
<br /> or the collection, receipt and application of rents, iseues or profits, Truetee
<br /> or Beneficiary ahall be entitled to exercise every right provided for in any of
<br /> the Loan Instruments or by law upon occurrence of any event of default, includinq
<br /> the right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Truat as a mortgage,
<br /> appoint a receiver, or specifically enforce any of the covenants hereof;
<br /> (c) Deliver to Trustee a written declaration of default and demand for
<br /> sale, and a written notice of default and election to cause Trustor's interest
<br /> in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed
<br /> for record in the appropriate Official Records of the County in which the Trust
<br /> Estate is located.
<br /> 11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose
<br /> by exercise of the Power of Sale herein contained, Beneficiary ehall notify
<br /> Trustee and shall deposit with Trustee this Deed of Trust and the Note and such
<br /> receipts and evidence of expenditures made and secured hereby as Trustee may
<br /> require.
<br /> (a) Upon receipt of such notice from Beneficiary, Truatee shall cause to
<br /> be recorded, published and delivered to Trustor such Notice of Default and Notice
<br /> of Sale as then required by law and by this Deed of Trust. Truatee ahall,
<br /> without demand on Trustor, after such time as may then be required by law and
<br /> after recordation of such Notice of Default and after Notice of Sale having been
<br /> given as required by law, sell the Trust Estate at the time and place of sale
<br /> fixed by it in auch Notice of Sale, either as a whole, or in separate lote or
<br /> parcels or items as Truatee shall deem expedient, and in such order as it may
<br /> determine, at public auction to the highest bidder for cash, in lawful money of
<br /> the United States, payable at the time of sale. Trustee shall deliver to such
<br /> purchaser or purchasers thereof, ite good and sufficient deed or deeds, conveying I
<br /> the property so sold, but withbut any covenant or wKrranty, express or implied.
<br /> The recitals in such deed of any matters or facts shall be conclusive proof of
<br /> the truthfulness thereof. Any person, including, without limitation, Trustor,
<br /> Trustee, and Beneficiary, may purchase at such sale, and Trustor hereby covenanta
<br /> to warrant and defend the title of such purchaser or purchasers.
<br /> (b) As may be permitted by law, after deducting all costs, fees, expensee
<br /> of Trustee and of this Truat, including costs of evidence of title in connection
<br /> with sale, Trustee ahall apply the proceeds of sale to payment of (i) all auma
<br /> expended under the terms hereof, not then repaid, with accrued interest at
<br /> fourteen (14$) percent per annum, (ii) all other suma then secured hereby, and
<br /> (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br /> (c) Trustee may, in the manner provided by law, postpone sale of all or
<br /> any portion of the Trust Estate.
<br /> 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br /> shall be entitled to enforce payment and performance of any indebtedness or
<br /> obligations secured hereby and to exercise all rights and powers under this Deed
<br /> of Trust or under any Loan Instrument or other agreement or any laws now or
<br /> hereafter in force, notwithstanding some or all of the such indebtedness and
<br /> obligations secured hereby may now or hereafter be otherwise secured, whether by
<br /> mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br /> acceptance of this Deed of Truat nor ita enforcement whether by court action or
<br /> pursuant to the power of sale or other powers herein contained, shall prejudice
<br /> or in any manner affect Trustee's or Beneficiary' right to realize upon or
<br /> enforce any other security now or hereafter held by Trustee or Beneficiary, it
<br /> being agreed that Trustee and Beneficiary, and each of them, shall be entitled
<br /> to enforce thia Deed of -Trust and any other security now or hereafter held by
<br /> Beneficiary or Trustee, in such order and manner as they or either of them may
<br /> in their absolute discretion determine. No remedy herein conferred upon or
<br /> reserved to Truatee or Beneficiary is intended to be exclusive of any other
<br /> remedy herein or by law provided or permitted, but each shall be cumulative and
<br /> shall be in addition to every other remedy given hereunder or now or hereafter
<br /> existing at law or in equity or by Statute. Every power or remedy given by any
<br /> of the Loan Instruments to Trustee or Beneficiary or to which either of them may
<br /> be otherwise entitled, may be exercised, concurrently or independently, from time
<br /> to time, and as often as may be deemed expedient by Trustee or Beneficiary; and
<br /> either of them may pursue inconaistent remedies. Nothing herein shall be
<br /> construed as prohibiting Beneficiary from seeking a deficiency judgment against
<br /> the Trustor to the extent such action is permitted by law.
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