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� ,� �9� 1(�513�3 (5) Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Beneficiary shall give Grantor at least ten (10) days prior written notice of the time and place of any public sale of the Collateral or other intended disposition thereof. Such notice may be mailed to Gr�ntor at the address set forth at the beginning of this Deed. 3 . 3 Foreclosure; Expense of Litigation. Grantor covenants and agrees to pay Trustee all expenditures and expenses which may be paid or incurred by or on behalf of Trustee for reasonable attorneys' fees, appraiser's fees, outlays for documentary and expert evidence, stenographers' charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, Certificates of Title, and similar data and assurances with respect to title as Trustee may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the Premises. Al1 expenditures and expenses of the nature in this paragraph mentioned, and such expenses and fees as may be incurred in the protection of the Premises and the maintenance of the interest of this Deed, including the reasonable fees of any attorney employed by Trustee in any litigation or proceeding affecting this Deed, the Note or the Premises, including probate and bankruptcy proceedings, or in preparations for the commencement or defense of any proceeding or threatened suit or proceeding, shall be immediately due and payable by Grantor, with interest thereon at the post maturity rate and shall be secured by this Deed. 3 .4 Application of Proceeds of Foreclosure Sale. The proceeds of any foreclosure sale of the Premises shall be distributed and applied in the following order of priority: first, to the payment of the Grantor's obligations under the Ground Lease; second, on account of all costs and expenses incident to the foreclosure proceedings, including all such items as are mentioned in the preceding paragraph hereof; third, all other items which under the terms hereof constitute secured indebtedness additional to that evidenced by the Note, with interest thereon as herein provided; fourth, all principal and interest remaining unpaid on the Note; and fifth, any overage to Grantor and the successors or assigns of Grantor, as their rights may appear. 3 .5 Application of Income Received by Trustee. Trustee, in the exercise of the rights and powers hereinabove conferred upon it by this Article 3 hereof shall have full power to use and apply the avails, rents, issues and profits of the Premises to the payment of or on account of the following, in such order as Trustee may determine: (a) to the payment of the operating expenses of the Premises, of the performance of Grantor's obligations under the Ground Lease and of collection, including cost of management and leasing thereof (which shall include reasonable compensation to Trustee and its agent or agents, if management be delegated to an agent or agents and shall also include lease commissions and other compensation and expenses of seeking and procuring tenants and entering into leases) , established claims for damages, if any, and premiums on insurance hereinabove authorized; (b) to the payment of taxes and special assessments now due or which may hereafter become due on the Premises; and, if this is a leasehold mortgage, of all rents due or which may become hereafter due under the underlying lease; (c) to the payment of all repairs, decorating, renewals, replacements, alterations, additions, betterments and improvements -18-