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200403403 <br />fees and expenses; and (2) require Trustor to transfer all security deposits and records thereof to Beneficiary together <br />with original counterparts of the Leases. <br />(c) Foreclosure. The Beneficiary shall be entitled, as a matter of right, upon bill filed or other <br />proper legal proceedings being commenced for the foreclosure of this Deed of Trust, to the appointment by any <br />competent court or tribunal, without notice to the Trustor or any other party, of a receiver of the issues and profits of <br />the Trust Property, with power to lease and control the Trust Property and with such other powers as may be deemed <br />necessary. The Trustor hereby authorizes and empowers the Beneficiary or the auctioneer at any foreclosure sale had <br />hereunder, for and in the name of the Trustor, to execute and deliver to the purchaser or purchasers of any of the Trust <br />Property sold at foreclosure good and sufficient deeds of conveyance or bills of sale thereto. At the election of <br />Beneficiary, the Property, or any part thereof, may be sold in one parcel and as an entirety, or in such parcels, manner or <br />order as Beneficiary in its sole discretion may elect, and one or more exercises of the powers herein granted shall not <br />extinguish or exhaust the power unless the entire Property is sold or the indebtedness secured hereby is paid in full, and <br />Beneficiary, or its assigns, shall collect the proceeds of such sale, applying such proceeds as provided in Section 5.2 (in <br />the event of deficiency, Trustor shall immediately on demand from Beneficiary pay over to Beneficiary, or its nominee, <br />such deficiency); and Trustor agrees that in case of a sale, as herein provided, Trustor or any person in possession under <br />Trustor shall then become and be tenants holding over, and shall forthwith deliver possession to the purchaser at such <br />sale, or be summarily dispossessed in accordance with the provisions of law applicable to tenants holding over; the power <br />and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are in addition to <br />any and all other remedies which Beneficiary may have at law or in equity. <br />(d) Acceleration Remedies. Beneficiary shall give notice of default to Trustor prior to <br />acceleration following Trustor's breach of any covenant or agreement in this Trust Deed. The notice shall specify: (a) the <br />default; (b) the action required to cure the default; (c) a date, not less that 30 days from the date the notice is given to <br />Trustor, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the <br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice <br />shall further inform Trustor of the right to reinstate after acceleration and the right to bring a court action to assert the <br />non - existence of a default or any other defense of Trustor to acceleration and sale. If the default is not cured on or before <br />the date specified in the notice, Beneficiary at its option may require immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by <br />applicable law. Trustor shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />paragraph 13, including, but not limited to reasonable attorney's fees and costs of title evidence. If power of sale is <br />invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail <br />copies of such notice in the manner prescribed by applicable law to Trustor and to the other persons prescribed by <br />applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in <br />the manner prescribed by applicable law. Trustee, without demand on trustor, shall sell the Property at public auction to <br />the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in <br />any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at <br />the time and place of any previously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. <br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statement made therein. Trustee shall <br />apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, <br />Trustee's fees as permitted by applicable law and reasonable attorney's fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legally entitled to it. <br />(e) Lawsuits. Beneficiary may proceed by a suit or suits in equity or at law, whether for <br />collection of the indebtedness secured hereby, the specific performance of any covenant or agreement herein <br />contained or in aid of the execution of any power herein granted, or for any foreclosure hereunder or for the sale of <br />the Property under the judgment or decree of any court or courts of competent jurisdiction. <br />