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20050 54'75 <br />(c) Deliver to Trustee a written declaration of default and demand for <br />sale, and a written notice of default and election to cause Trustors' <br />interest in the Trust Estate to be sold, which notice Trustee shall <br />cause to be duly filed for record in the appropriate official records of <br />the county in which the Trust Estate is located; <br />(d) Take such steps to protect and enforce its rights, whether by action, <br />suit or proceeding at law or in equity, for the specific performance of <br />any covenant, condition or agreement in the Note, this Deed of Trust <br />or any other document now or hereafter securing payment of the <br />Note, or in aid of the execution of any power granted herein or <br />therein, or for any foreclosure hereunder, or for the enforcement of <br />any other appropriate legal or equitable remedy or otherwise as <br />Beneficiary shall elect. <br />10. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by <br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall <br />deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of <br />expenditures made and secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to <br />be recorded, published, and delivered to Trustors such Notice of <br />Default and Notice of Sale as then required by law and this Deed of <br />Trust. Trustee shall, without demand on Trustors, after such time <br />as may then be required by law and after recordation of such Notice <br />of Default and after Notice of Sale having been given as required by <br />law, sell the Trust Estate at the time and place of sale fixed by it in <br />such Notice of Sale, either as a whole, or in separate lots or parcels <br />or items as Trustee shall deem expedient, and in such order as it <br />may determine, at public auction to the highest bidder for cash in <br />lawful money of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof its <br />good and sufficient deed or deeds conveying the property so sold, <br />but without any covenant or warranty, express or implied. The <br />recitals in such deed or any matters or facts shall be conclusive <br />proof of the truthfulness thereof. Any person, including, without <br />limitation, Trustors, Trustee, and Beneficiary, may purchase at such <br />sale and Trustors hereby covenant to warrant and defend the title of <br />such purchaser or purchasers; <br />(b) As may be permitted by law, after deducting all costs, fees, and <br />expenses of Trustee and of this Trust, including costs of evidence of <br />title in connection with sale, Trustee shall apply the proceeds of any <br />sale to the payment of (i) all sums expended under the terms hereof <br />not then repaid, with accrued interest at 'Twelve Percent (12 %) per <br />annum; (ii) all other sums then secured hereby; and (iii) the <br />remainder, if any, to the person or persons legally entitled thereto; <br />(c) Trustee may, in the manner provided by law, postpone sale of all or <br />any portion of the Trust Estate. <br />11, Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall <br />be entitled to enforce payment and performance of any indebtedness or obligations <br />secured hereby and to exercise all rights and powers under this Deed of Trust or under <br />any of the Loan Instruments or other agreement, or any laws now or hereafter in force, <br />notwithstanding that some or all of the such indebtedness and obligations secured <br />hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, <br />pledge, lien, assignment, or otherwise. Neither the acceptance of this Deed of Trust nor <br />its enforcement, whether by court action or pursuant to the power of sale or other powers <br />herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right <br />to realize upon or enforce any other security now or hereafter held by Trustee or <br />Beneficiary, it being agreed that Trustee and Beneficiary, and each of them shall be <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by <br />Beneficiary or Trustee in such order and manner as they or either of them may in their <br />absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Beneficiary herein or in any of the other Loan Instruments is intended to be exclusive of <br />L0648853.2 -5- <br />