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200205556 issues and profits and the application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default arid, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Troace or Beneficiary shall be entitled to exercise every right provided for in any of the Loan Instruments or by taw upon occurrence of any event of default, including the right to exercise the power of sale; (it) commence an action to foreclose this Deed of Trust as a mortgage, appoints a receiver or specifically enforce any of the covenants hereof; (iii) deliver to'I'mstee a written declaration of default and demand for sale and a written nonce of default and election to cause Tr.slor's interest in the Dust Estate to be sold, which notice Trustee shall cause to be duly tiled for record in the appropriate offices of the County in which the Trust Estate is located; or (is exercise such other rights or remedies at law or in equity. 11. Foreclosure by Power of Sale. If Berefciary elects to foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed nfTmst and airy note evidencing the Indebtedness and such receipts and evidence of expenditures made and secured hereby as 'I rustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Truster such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trust. Trustee shall, without demand on Trus tor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and tie such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such decd of any matters or facts shall be conclusive proof ofthetntlhfadnessthercof. Any person, including without limitation 'Imator,'trustee or Beneficiary. may purchase at such sale. (b) As may be permitted by law, after deducting all costs, fees and expenses of Tnstee and of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceed of sale to payment of fit the Indebtedness (it) all other sums than se,med hereby, and (iii) the remainder, if any, to the person or persons legally entitled there[.. (c) Tnrstnc may in the mapper provided by law postpone sale of all or any portion of the Trost Estate. 12. Remedies Nat Fwelusive. I restee and Beneficiary, and each of them, shall he entitled to enforce payment and per forpnnce of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed of lmst or under any Loan Instrument or other agrecmem or any laws now or hereafter in force; notwithstanding, some or all of the such irdebt,dr,c, and obligations secured hereby may now or hereafter he otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptenec of this Second Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudices in any