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gg-1�5969 <br /> (b) Beneficiary shall, without regard to the adequacy of any security for <br /> the Indebtedness secured hereby, be entitled to the appointment of a <br /> receiver by any court having jurisdiction, to take possession of, <br /> protect and manage the Trust Property and operate the same and <br /> collect the rents, issues and profits therefrom. <br /> (c) Beneficiary may bring any action in any court of competent <br /> jurisdiction to foreclose this Deed of Trust or enforce any of the <br /> covenants hereof. <br /> (d) Beneficiary may elect to cause the Trust Property or any part thereof <br /> to be sold under the power of sale, and in such event, Beneficiary or <br /> Trustee shall give notice of default and notice of sale as may be then <br /> required by law. Thereafter, upon the expiration of such time and the <br /> giving of such notice of sale as may then be required by law, Trustee, <br /> at the time and place specified by the notice of sale, shall sell such <br /> Trust Property, or any part thereof specified by Beneficiary, at public <br /> auction to the highest bidder for cash in lawful money of the United <br /> States of America. Upon receipt of payment of the price bid, Trustee <br /> shall apply the proceeds in the following order: (i) to the costs and <br /> expenses of exercising the power of sale and of the sale, including <br /> but not limited to, trustee's fees of not more than Five Hundred <br /> Dollars ($500) plus one-half(1/2) of one percent (1%) of the gross <br /> sale price, and reasonable attorney fees, (ii) to the Indebtedness, and <br /> (iii) the excess, if any, to the person or persons legally entitled <br /> thereto. <br /> All costs and expenses incurred by Beneficiary in enforcing any right under this Deed of <br /> Trust, including without limitation, abstract or title fees, appraisal fees, premiums for title <br /> insurance, attorney fees and court costs (to the extent allowed by law), shall be and <br /> constitute Indebtedness secured hereby. <br /> 27. Duties of Trustee. Trustor agrees that: <br /> (a) The duties and obligations of Trustee shall be determined solely by <br /> the express provisions of this Deed of Trust and the Trustee shall not <br /> be liable except for the performance of such duties and obligations as <br /> are specifically set forth herein, and no implied covenants or <br /> obligations shall be imposed upon Trustee; <br /> (b) No provision of this Deed of Trust shall require Trustee to expend or <br /> risk its own funds, or otherwise incur any financial obligation in the <br /> performance of any of its duties hereunder, or in the exercise of any <br /> of its rights or powers; <br /> 12 <br />