200206623
<br />United States, subject, however, to the provisions of Section 3.4(g) below. For any
<br />cause it deems expedient, Trustee may, and upon request of Beneficiary shall, from
<br />time to time postpone the sale by public declaration thereof at the time and place last
<br />appointed for the sale. If the Premises consist of several lots or parcels, Beneficiary
<br />may designate the order in which such lots or parcels shall be offered for sale or sold.
<br />Any persons, including a Trustor, Trustee and Beneficiary, may purchase at the sale.
<br />.Upon receipt of payment, Trustee shall execute and deliver to the purchaser or
<br />purchasers a deed or deeds conveying the property so sold, but without any covenant
<br />or warranty whatsoever, express or implied, whereupon such purchaser or purchasers
<br />shall be let into immediate possession.
<br />(e) In the event of a sale or other disposition of the Property, or any part
<br />thereof, and in execution of a deed or other instrument of conveyance pursuant
<br />thereto, the recitals therein of facts, such as the occurrence of an Event of Default, the
<br />compliance with the provisions of any statute or Act, the giving of notice of default
<br />and notice of sale, demand that such sale should be made, postponement of sale,
<br />terms of sale, sale, purchaser, payment of purchase of such sale or disposition, shall
<br />be conclusive proof of the truth of such facts; any such deed or instrument of
<br />conveyance shall be conclusive against all persons as to such facts recited therein.'
<br />(f) The acknowledgment contained in any deed or conveyance executed as
<br />aforesaid of the receipt of the purchase money shall be sufficient to discharge the
<br />grantee of all obligations to see to the proper application of the consideration therefor
<br />as hereinafter provided. The purchaser at any trustee's or foreclosure sale hereunder
<br />may disaffirm any easement granted or rental or lease contract made in violation of
<br />any provision of this Deed of Trust, and may take immediate possession of the
<br />purchased portion of the Property free from, and despite the terms of, such grant of
<br />easement and rental or lease contract.
<br />(g) Upon the completion of any sale or sales made by Trustee or
<br />Beneficiary, as the case may be, under or by virtue of this Section 3.4, Trustee or any
<br />officer of any court empowered to do so, shall execute and deliver to the accepted
<br />purchaser or purchasers a good and sufficient instrument, or good and sufficient
<br />instruments, conveying, assigning and transferring all estate, right, title and interest in
<br />and to the Property and rights sold. Trustee is hereby appointed irrevocably the true
<br />and lawful attorney of assignments, transfers and deliveries of the Property or any
<br />part thereof and the rights so sold; and for that purpose Trustee may execute all
<br />necessary instruments of conveyance, assignment and transfer, and may substitute one
<br />or more persons with like power, each Trustor hereby ratifying and confirming all that
<br />its said attorney or any substitute or substitutes shall lawfully do by virtue hereof.
<br />Nevertheless, each Trustor, if so requested by Trustee or Beneficiary, shall ratify and
<br />confirm any such sale or sales by executing and delivering to Trustee or to such
<br />purchaser or purchasers all such instruments as may be advisable in the judgment of
<br />Trustee or Beneficiary, for the purpose as may be designated in such request. Any
<br />such sale or sales made under or by virtue of this Section 3.4, whether made under the
<br />Deed of Trust.. -10-
<br />
|