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_ � 99-1�sssz <br /> necessary or desirable to preserve the value, marketability or rentability of the <br /> Trust Estate, or part thereof or interest therein, increase the income therefrom or <br /> protect the aecurity hereof, and with or without taking possession of the Trust <br /> Estate, sue for or otherwiae collect the rents, iasuea and profita thereof, including <br /> thoae paat due and unpaid, and apply the same, lese costs and expenses of operation <br /> and collection, including attorney's fees, upon any indebtedneas secured hereby, all <br /> in such order as Beneficiaries may determine. Th� entering upon and ta3�ing <br /> possession of the Trust Estate, the collection of such rents, isaues and profits and <br /> the application thereof as aforesaid, ahall not cure or waive any default or notice <br /> of default hereunder or invalidate any act done in response to such default or <br /> pursuant to auch notice of default and, notwithstanding the continuance in possesaion <br /> of the Truet Estate or the collection, receipt and application of renta, issues or <br /> profits, Trustee or Beneficiaries ahall be entitled to exercise every right provided <br /> for in any of the Loan Instruments or by law upon occurrence of any event of default, <br /> including the right to exercise the power of sale; <br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint <br /> a receiver, or epecifically enforce any of the covenants hereof; <br /> (c) Deliver to Trustee a written declaration of default and demand for sale, <br /> and a written notice of default and election to cause Trustors' interest in the Trust <br /> Estate to be sold, which notice Trustee shall cause to be duly filed for record in <br /> the appropriate Official Records of the County in which the Trust Estate is located. <br /> 11. FORECLOSURE BY POWER OF SALE. Should Beneficiaries elect to foreclose by <br /> exercise of the Power of Sale herein contained, Beneficiaries shall notify Trustee <br /> and shall depoait with Trustee this Deed of Trust and the Note and such receipts and <br /> evidence of expenditures made and secured hereby as Trustee may require. <br /> (a) Upon receipt of auch notice from Beneficiaries, Trustee ahall cause to be <br /> recorded, published and delivered to Trustors such Notice of Default and Notice of <br /> Sale as then required by law and by thia Deed of Truat. Trustee ahall, without <br /> demand on Trustore, after such time as may then be required by law and after <br /> recordation of auch Notice of Default and after Notice of Sale having been given as <br /> required by law, sell the Trust Estate at the time and place of sale fixed by it in <br /> such Notice of Sale, either as a whole, or in separate lots or parcels or items as <br /> Trustee shall deem expedient, and in such order as it may determine, at public <br /> auction to the highest bidder for cash, in lawful money of the United States, payable <br /> at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof, <br /> its good and sufficient deed or deeds, conveying the property ao sold, but without <br /> any covenant or warranty, express or implied. The recitala in such deed of any <br /> matters or facts shall be conclusive proof of the truthfulness thereof. Any person, <br /> including, without limitation, Trustors, Trustee, and Beneficiaries, may purchase at <br /> such sale, and Trustors hereby covenant to warrant and defend the title of such <br /> purchaser or purchasers. <br /> (b) Aa may be permitted by law, after deducting all coats, feea, expenses of <br /> Trustee and of this Trust, including costs of evidence of title in connection with <br /> eale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended <br /> under the terma hereof, not then repaid, with accrued interest at fourteen (14$) <br /> percent per annum, (ii) all other sums then secured hereby, and (iii) the remainder, <br /> 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 <br /> portion of the Trust Estate. <br /> 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiaries, 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 of <br /> Trust or under any Loan Instrument or other agreement or any laws now or hereafter <br /> in force, notwithstanding some or all of the such indebtedness and obligationa <br /> secured hereby may now or hereafter be otherwise secured, whether by mortgaqe, deed <br /> of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed <br /> of Trust nor its enforcement whether by court action or pursuant to the power of sale <br /> or other powera herein contained, shall prejudice or in any manner affect Truatee's <br /> or Beneficiaries' right to realize upon or enforce any other security now or <br /> hereafter held by Trustee or Beneficiaries, it being agreed that Trustee and <br /> Beneficiaries, shall be entitled to enforce this Deed of Trust and any other security <br /> now or hereafter held by Beneficiaries or Trustee, in such order and manner as they <br /> or either of them may in their absolute discretion determine. No remedy herein <br /> conferred upon or reserved to Trustee or Beneficiaries is intended to be exclusive <br /> of any other remedy herein or by law provided or permitted, but each shall be <br /> 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 <br /> by any of the Loan Instruments to Trustee or Beneficiaries or to which either of them <br /> may 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 Beneficiariea; and <br /> either of them may pursue inconsistent remedies. Nothing herein ahall be conatrued <br /> as prohibiting Beneficiaries from seeking a deficiency judgment against the Trustors <br /> to the extent such action is permitted by law. <br /> 13. RE4UEST FOR NOTICE. Trustors hereby request a copy of any notice of <br /> default, and that any notice of sale hereunder be mailed to it at the addresa set <br /> forth in the firet paraqraph of this Deed of Trust. <br />