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200206623 <br />notice of default hereunder or invalidate any act done pursuant to any such notice; and, <br />notwithstanding continuance in possession of the Property, or any part thereof, by <br />Beneficiary, Trustee or a receiver, and the collection, receipt and application of rents, <br />royalties, issues, profits, revenue, income or other benefits, Beneficiary shall be entitled to <br />exercise every right provided for in this Deed of Trust or by law upon or after the occurrence <br />of a default, including the owner to direct the Trustee to exercise the power of sale. Any of <br />the actions referred to in this Section 3.1 may be taken by Beneficiary, either in person or by <br />agent, with or without bringing any action or proceeding, or by receiver appointed by a court <br />and any such action may also be taken following reasonable notice to each Trustor but <br />without regard to the adequacy of the security for the indebtedness hereby secured. Further, <br />Beneficiary, at the expense of a Trustor, either by purchase, repair or construction, may from <br />time to time maintain and restore the Property or any part thereof and complete construction <br />of the Equipment uncompleted as of the date thereof and in the course of such completion <br />may make such changes in the contemplated Equipment as Beneficiary may deem desirable <br />and may insure the same. Beneficiary shall be entitled, without notice and to the full extent <br />provided by law, to the appointment by a court having jurisdiction of a receiver to take <br />possession of and protect the Property or any part thereof, and operate the same and collect' <br />the Rents and Profits. <br />Section 3.2 Receiver. <br />(a) Benettctary snit be ennuea to the appointment of a receiver by a court <br />having jurisdiction, to the full extent provided by law, with reasonable prior notice to <br />a Trustor, to take possession of and protect the Property or any part thereof, and <br />operate the same and collect the Rents and Profits, without regard to the adequacy of <br />the security of the Property, and without regard to the enforcement by Trustee or <br />Beneficiary of any other remedy provided herein. <br />(b) Notwithstanding the appointment of any receiver, liquidator or trustee <br />of a Trustor, or of any of its property, or of the Property or any part thereof, Trustee <br />and Beneficiary shall be entitled to retain possession and control of all property now <br />or hereafter held under this Deed of Trust, including, but not limited to, the Rents and <br />Profits. <br />Section 3.3 Foreclosure. Beneficiary may bring an action in any court of <br />competent jurisdiction to enforce this Deed of Trust or to enforce any of the covenants and <br />agreements hereof. <br />Section 3.4 Power to Sell. Beneficiary may elect to cause the sale of each <br />Trustor's interest in the Property or any part thereof to be sold as follows: <br />(a) Beneficiary may proceed as if the entire Property consisted of real <br />property in accordance with Section 3.4(d) below, or Beneficiary may elect to treat <br />any of the Property which consists of a right in action or which is property that can be <br />severed from the Premises or the Equipment without causing structural damage <br />thereto as if the same were personalty, and dispose of the same in accordance with <br />__Deed of Trust .. _8_ <br />