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<br />determined solely by the express provisions of this Deed of Trust and the Trustee
<br />shall not be liable except for the performance of such duties and obligations as are
<br />specifically set forth herein, and no implied covenants or obligations shall be
<br />imposed upon Trustee; (b) no provision of this Deed of Trust shall require Trustee
<br />to expend or 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 of its rights or
<br />powers, if it shall have grounds for believing that the repayment of such funds or
<br />adequate indemnity against such risk or liability is not reasonably assured to it.
<br />10. In the event of any default hereunder, under the Note, or under any
<br />other security instrument given in connection with this transaction, the rents,
<br />issues and profits, present and future, are hereby assigned to the Trustee as further
<br />security, but which assignment Trustee agrees not to enforce so long as no such
<br />default has occurred.
<br />11. Trustor will pay to Trustee and to the Beneficiary, respectively, upon
<br />demand, the amounts of all sums of money which either shall have paid or
<br />expended in curing any default of Trustor under this Deed of Trust, together with
<br />interest upon each of said amounts, until paid, from the time of expenditure thereof,
<br />at the rate of 7.5% per annum. All of said sums shall be due and payable, together
<br />with interest, foresaid, immediately upon the advancement thereof. Neither
<br />Trustee nor Beneficiary shall be under any obligation, however, to cure any default
<br />of Trustor.
<br />12. In case Trustor shall well and truly perform its obligations under this
<br />Deed of Trust, and pay or cause to be paid the debt evidenced by the Note and all
<br />other moneys agreed to be paid by it under the terms, provisions and conditions of
<br />any other security instrument given in connection with this transaction, and also
<br />the reasonable expenses of the Trust herein provided, then the Trustee, its
<br />successors or assigns, shall reconvey to Trustor all of the Trust Property conveyed to
<br />Trustee by the Trustor. Any part of the Trust Property may be reconveyed, at any
<br />time, to the Trustor at the request of the Beneficiary without affecting the validity
<br />and priority of the lien of this Deed of Trust upon the remainder of the Trust
<br />Property.
<br />13. In the event of any one or more of the provisions contained in this Deed
<br />of Trust, or of the Note or any other security instrument given in connection with
<br />this transaction shall for any reason be held to be invalid, illegal or unenforceable in
<br />any respect, such invalidity, illegality or unenforceability shall, at the option of the
<br />Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of
<br />Trust shall be construed as if such valid, illegal or unenforceable provision had
<br />never been contained herein or therein.
<br />14. Whenever used herein, the singular number shall include the plural,
<br />the singular, the use of any gender shall be applicable to all genders, and the term
<br />"Beneficiary" shall include any payee of the indebtedness hereby secured or any
<br />transferee thereof, whether by operation of law or otherwise.
<br />15. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to
<br />foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such
<br />receipts and evidence of expenditures made and secured hereby as Trustee may
<br />require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be
<br />recorded, published and delivered to Trustor such Notice of Default and Notice of
<br />Sale as then required by law and after recordation of such Notice of Default and
<br />after Notice of Sale having been given as required by law, sell the Trust Estate at
<br />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
<br />as it may determine, at public action to the highest bidder for cash in lawful money
<br />of the United States payable at the time of sale. Trustee shall deliver to such
<br />purchaser or purchasers thereof its good and sufficient deed or deeds conveying the
<br />property so sold, but without any covenant or warranty, express or implied. The
<br />recitals in such deed of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. Any person, including, without limitation, Trustor, Trustee
<br />and Beneficiary, may purchase at such sale and Trustor hereby covenants to
<br />warrant and defend the title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses
<br />of Trustee and of this Trust, including costs of evidence of title in connection with
<br />sale, Trustee shall apply the proceeds of sale to payment or: (i) all sums expended
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