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<br /> issues and profits thereof, including those past due and unpaid, and apply the same, less costs and
<br /> expenses of operation and collection, including attorney's fees, upon any indebtedness secured hereby,
<br /> all in such order as Beneficiary may determine. The entering upon and taking possession of the Trust
<br /> Estate, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not
<br /> cure or waive any default or notice of default hereunder or invalidate any act done in response to such
<br /> default or pursuant to such notice of default and, notwithstanding the continuance in possession of the
<br /> Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary
<br /> shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon
<br /> occurrence of any event of default, including the right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or
<br /> specifically enforce any of the covenants hereof;
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice
<br /> of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee
<br /> shall cause to be duly filed for record in the appropriate Official Records of the County in which the Trust
<br /> Estate is located.
<br /> 11. FOREG OSURE 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 Note and such receipts and evidence of expenditures made and secured hereby
<br /> as Trustee may require.
<br /> (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published
<br /> and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this
<br /> Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law
<br /> and after recordation of such Notice of Default and after Notice of Sale having been given as required by
<br /> law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a
<br /> whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it
<br /> may 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 and
<br /> sufficient deed or deeds, conveying the property so sold, but without any covenant or warranty, express
<br /> or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness
<br /> thereof. Any person, including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at
<br /> such sale, and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers.
<br /> (b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and of this
<br /> Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br /> to payment of(i) all sums expended under the terms hereof, not then repaid, with accrued interest at 12
<br /> percent per annum, (ii) all other sums then secured hereby, and (iii)the remainder, if any, to the person
<br /> or persons legally entitled thereto.
<br /> (c) Trustee may, in the manner provided by law, postpone sale of all or any portion of the
<br /> Trustee Estate.
<br /> �2, RFIUFDI S NOT EXG�USIVE_ Trustee and Beneficiary, and each of them, shall be entitled
<br /> to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise
<br /> all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any
<br /> laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations
<br /> secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge,
<br /> lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether
<br /> by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in
<br /> any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or
<br /> hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them,
<br /> shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary
<br /> or Trustee, in such order and manner as they or either of them may in their absolute discretion
<br /> determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be �
<br /> exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and
<br /> shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity
<br /> or by Statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or
<br /> to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from
<br /> time to time, and as often as may be deemed expedient by Trustee or Beneficiary; and either of them
<br /> may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from
<br /> seeking a deficiency judgment against the Trustor to the extent such action is permitted by law.
<br /> 13. REOUE�T FOR NOTICE. Trustor hereby requests a copy of any notice of default, and that
<br /> any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of
<br /> Trust.
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