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200111898 manner as the Beneficiary may determine (and the Trustee, the Beneficiary or any Lender may be a purchaser at any such sale). (b) Appointment of Receiver. If a Default shall have occurred and be continuing, the Beneficiary, to the maximum extent permitted by law, shall be entitled, as a matter of right, to the appointment of a receiver of the Trust Estate, without notice or demand, and without regard to the adequacy of the security for the Obligations or the solvency of the Trustor. The Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of the Beneficiary in case of entry and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Estate, unless such receivership is sooner terminated. (c) Rents. If a Default shall have occurred and be continuing, the Trustor shall, to the maximum extent permitted by law, pay monthly in advance to the Beneficiary, or to any receiver appointed at the request of the Beneficiary to collect Rents, the fair and reasonable rental value for the use and occupancy of the Properties, the Improvements and the Fixtures or of such part thereof as may be in the possession of the Trustor. Upon default in the payment thereof, the Trustor shall vacate and surrender possession of the Properties, the Improvements and the Fixtures to the Trustee or the Beneficiary or such receiver, and upon a failure so to do may be evicted by summary proceedings. (d) Sale. In any sale under any provision of this Deed of Trust or pursuant to any judgment or decree of court, the Trust Estate, to the maximum extent permitted by law, may be sold in one or more parcels or as an entirety and in such order as the Trustee or the Beneficiary may elect, without regard to the right of the Trustor or any person claiming under the Trustor to the marshalling of assets. The purchaser at any such sale shall take title to the Trust Estate or the part thereof so sold free and discharged of the estate of the Trustor therein, the purchaser being hereby discharged from all liability to see to the application of the purchase money. Any person, including the Trustee, Beneficiary or any Lender, may purchase at any such sale. Upon the completion of any such sale by virtue of this Section 4.02 the Trustee shall execute and deliver to the purchaser an appropriate instrument that shall effectively transfer all of the Trustor's (and, as applicable, the Trustee's) estate, right, title, interest, property, claim and demand in and to the Trust Estate or portion thereof so sold, but without any covenant or warranty, express or implied. The Trustee and the Beneficiary are each hereby irrevocably appointed the attorney -in -fact of the Trustor in its name and stead to make all appropriate transfers and deliveries of the Trust Estate or any portions thereof so sold and, for that purpose, the Trustee and the Beneficiary may execute all appropriate instruments of transfer, and may substitute one or more persons with like power, the Trustor hereby ratifying and confirming all that said attorneys or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, the Trustor shall ratify and confirm, Deed of Trust NYl : #3303402v2