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99- s�szs9 <br /> C. Deliver to Trustee a written declaration of default and demand for sale, and a written <br /> notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which <br /> notice Trustee shall cause to be duly filed for record in the appropriate Official Records of the <br /> County in which the Trust Estate is located. <br /> 11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise <br /> of the Power of Sale herein contained,Beneficiary shall notify Trustee and shall deposit with Trustee this <br /> Deed of Trust and the Notes and such receipts and evidence of expenditures made and secured hereby as <br /> Trustee may require. <br /> a. Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, <br /> published and delivered to Trustor such Notice of Default and Notice of Sale as then required by <br /> law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may <br /> then be required by law and after notice having been given as required by law, sell the Trust <br /> Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br /> separate lots or parcels or items as Trustee 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 the United States <br /> payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good <br /> and sufficient deed conveying the property so sold, but without any covenant or warranty, <br /> express or implied. 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, Trustee or <br /> Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant and defend the <br /> title of such purchaser or purchasers. <br /> b. As may be permitted by law, after deducting all costs, fees and expenses of Trustee <br /> and of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply <br /> the proceeds of sale to payment of(i) all sums expended under the terms hereof, not then repaid, <br /> with accrued interest as set forth in the Notes, (ii) all other sums then secured hereby, and (iii) <br /> 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 any portion <br /> of the Trust Estate. <br /> 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be <br /> entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to <br /> exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement <br /> or any laws now or hereafter in force, not withstanding some or all of the such indebtedness and <br /> obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of ; <br /> trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its <br /> enforcement whether by court action or pursuant to the power of sale or other powers herein contained, <br /> shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any <br /> other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and <br /> Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now <br /> or hereafter held by Beneficiary ar Trustee in such order and manner as they or either of them may in <br /> their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or <br /> Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted,- but <br /> each shall be cumulative and shall be in addition to every other remedy given hereunder or now or <br /> hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan <br /> Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be <br />�, <br />