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200210067 <br />indemnified, in writing, for all costs, compensation or expenses which may be associated <br />therewith. In addition, Trustee may become a purchaser at any sale of the Property <br />(judicial or under the power of sale granted herein); postpone the sale of all or any <br />portion of the Property, as provided by law; or sell the property as a whole, or in separate <br />parcels or lots at Trustee's discretion. <br />(b) Fees and Exnensm Power of Sale. In the event Trustee sells the <br />Property by exercise of power of sale, Trustee shall be entitled to apply any sale proceeds <br />first to payment of all costs and expenses of exercising power of sale, including Trustee's <br />fees, and Beneficiary's and Trustee's attorney's fees actually incurred, to the extent <br />permitted by applicable law. <br />(c) Request for Notices. The parties hereby request that a copy of any <br />notice of default hereunder and a copy of any notice of sale hereunder be mailed to each <br />party of this Deed of Trust a the address set forth above in the manner prescribed by <br />applicable law. Except for any other notice required under applicable law to be given in <br />another manner, any notice provided for in this Deed of Trust shall be given by mailing <br />such notice by certified mail addressed to the other parties, at the address set forth above. <br />Any notice provided for in this Deed of Trust shall be effective upon mailing in the <br />manner designated herein. If Truster is more than one person, notice sent to the address <br />set forth above shall be notice to all such persons. <br />(d) Reconvevance. Upon payment of all sums secured by this Deed of <br />Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed <br />of Trust and all evidence of indebtedness secured by this Deed of Trust to Trustee. <br />Trustee shall reconvey the Property without warranty and without charge to the person or <br />persons legally entitled thereto. Tmstor shall pay all costs of recordation, if any. <br />32. NOTICE OF INDEMNIFICATION. GRANTOR HEREBY <br />ACKNOWLEDGES AND AGREES THAT THIS DEED OF TRUST CONTAINS <br />CERTAIN INDEMNIFICATION PROVISIONS WHICH IN CERTAIN <br />CIRCUMSTANCES, COULD INCLUDE AN INDEMNIFICATION BY GRANTOR <br />OR BENEFICIARY FROM CLAIMS OR LOSSES ARISING AS A RESULT OF <br />BENEFICIARY'S OWN NEGLIGENCE. <br />33. Conflict with Credit Aaeement. In the event of a conflict between the <br />terms and provisions of this Deed of Trust and the terms and provisions of the Credit <br />Agreement, the terms and provisions of the Credit Agreement shall control. <br />NY2%117815OWP92091 MOM99 W79 24 <br />