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200205914 fit either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Tmsl Estate, or say part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the frost Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof, and wide or without taking possession of the Trust Estate, sue for or otherwise collect llte rents, issues and profits thereof, including those past due and unpaid, and apply the same, leas costs and expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon sad taking possession of the Trust Estate, the collection of such rents, issues and profits and the application thereof as aforesaid shun 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 clef alt and, notwithstanding llte continuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, "I rushee or Ilene liciary shall he entitled to exercise every right provided for in any of the loan Instruments or by law upon occurrence of any event of default, including die right to exercise the power of sale, (it) commence all uvuon to foreclose IN Diced of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants hereof; (iii) deli vcr to Trustee a wt ilten due station of default and demand for sale and a written notice of default and election to cause ITuslor's interest in the "I rust Estate to be sold, which notice of del milt and election to cause Truster's interest in the Trust Estate to be sold, which notice Trustee shal l cause to be duly filed for record in the oppropriale offices of the County in which the Trull Estate is located, or (iv) exercise such other rights or remcdics at law or in equity_ 11. Pnreclrtsure by Power af.Pale If lieneficiary elects to foreclose by exercise of the Power of Sale herein contained, Beneficiary, shall notify Trustcc and shall deposit with Trustee this Second Deed of Trust and any note evidencing the indebtedness and such receipts and evidence of expenditures made and secured hereby as Tmstee may require. (a) Upon receipt of such notice from Iletmficiary, Trustee shall cause to be recorded, published and delivered to Truster such Notice of Default and Notice of Sale as then required bylaw and by this Second Decd of Trust. Treslce shall, without demand on'I instal, alter such time as may then he required by law and alter recordal ion of such Notice of Default and alter Notice of Sale having been given as required bylaw, 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 Intl or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the Ifni led States payable at the time of sale. Trustee shall deliver to such purchaser ar purchasers thereof its good and sufficient decd or deeds conveying the property so sold, but without any convenanl or warranty, express or implied_ The recitals in such deed of any matters or facts shall be conclusive proof ofthe truthfulness thereof. Any person, including witlmut limitation Iluslor, Trustee or Beneficiary, may purehnse at such sale. (b) As may be permitted by Imv, alley deducting all costs, fees and expenses ofTrusluc and of the Trent including costs of evidence of title in connection wi lh sale Tmstee shop apply the proceeds ofsale to payment of (1) the indebtedness (ii) all other sums then seemed hereby, and (iii) the remainder, it any, to the person or persons legally entitled thereto. (c) trustee may in the manner provided by law postpone sole of all or any portion of the Trust Estate, 12. Remedies Not /ixc /naive Trustee mad Beneficiary, and each of them, shall he entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to extort se all it ghl s and powers under this Second Deed of Trust or under any Loan Instrument or other agreement ur mry laws now or Ica aller in force, notwithstanding, some or all of the such indebtedness and ON igaons secured hereby may now or hereafter be otherwise sccln"ed, whether by mortgage, deed oflaw, pledge, lien, assignment or otherwise. Neither the acceptance of file Second Deed of I f o,t not its enf ¢emend, whether by court action or pursuant to the power of sale or other Powers herein contained, shall prejudice or in any manner affect I rustee's or licneliciary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Tmstee and Bamfrchov, and each of them, shall be entitled In enforce this Second Deed of I rust and any other security now or hereallcr held by ten driary or1"ruslce in such order and manner as they or either of than may in their absolute discretion determine. No remedy but conferred upon or reserved to Tmstee or Beneficiary is intended hm be exclusive Orion other remedy herein or by law provided or permitted, but each shall be cumulatt ve and shall be in addition to every other rcmely given hereunder or now or heretiner existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may he otherwise enli rod, may he exercised, concurrently or independently, from time to time and as often as may be deemed expedient by "Iusice or Beneficiary and either of then may pursue inconsistent remedies. Nothing herein shall be construed ss prohi hi t i as Ilenefi cony from seeking a deficiency Ii dgment against the 'I orator to the exl end such action is permitted by law.