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200207837 issues and profits and the application thereof as aforesaid shall not care 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 and, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shah be entitled to exercise every right provided for in any of the Loan Instruments or by law 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 Trustee a written declaration of default and demand for sale and a written notice of default mid election to cause TrustcrB interest in the Trust Estate to be sold, which notice Trustee shall cause to be only fled for record in the appropriate oil-ices of the County in which the Trust Fstwc is located; or (iv) exercise such other rights or remedies at law or in equity. 11. Foreclosure by Power oJ'Sale, IfBrneCtciary elects to foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee 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 Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor 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 'Iraso r, after such time as may their 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 'I mstee 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 United States payable at the time of sale, Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient decd or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall he conclusive proof of the truthfulness thereof. Any person, including without limitation Truster, Trustee or Beneficiary, may purchase at such sale. (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this 'I rust, including costs efevidence of title in connection with sale, Trustee shall apply the proceed of sale to payment of (i) the Indebtedness (ii) all other sums then aerated hereby, and (iii) the remainder, if any, to lire person or persons legally entitled thereto. (c) 'trustee may in the manner provided by law postpone sale of all or any portion of the 'I east Lstate_ 12. Remedies Nor Ev,lusive, Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Decd of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or all of the such indebtedness and obligations secured hereby may new or hereafter be otherwise secured. whether by mortgage, deed oftrust, pledge, lien. assignment or othern ise. Neither the acceptance ofthis Second Decd of Trust nor its enforcement, whether by court action or pursuant to the power of sale nr other powers herein contained, shall prejudice or in any