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200505595 or consent by the Grantee of any subordinate lien, encumbrance, right, title or interest in or to the Trust Property, Beneficiary may release any person at any time liable for the payment of the Debt or any portion thereof or any part of the security held for the Debt and may extend the time of payment or otherwise modify the terms of the Note, the Security Agreement or this Deed of Trust, including, without limitation, a modification of the interest rate payable on the principal balance of the Note, or the Other Notes, if any, without in any manner impairing or affecting this Deed of Trust or the lien thereof or the priority of this Deed of Trust, as so extended and modified, as security for the Debt over any such subordinate lien, encumbrance, right, title or interest. Beneficiary may resort for the payment of the Debt to any other security held by Beneficiary in such order and manner as Beneficiary, in its discretion, may elect. Beneficiary or Trustee may take action to recover the Debt, or any portion thereof, or to enforce any covenant hereof without prejudice to the right of Beneficiary or Trustee thereafter to foreclose this Deed of Trust or to effect a sale of the Trust Property in accordance with the provisions of this Deed of Trust. Beneficiary and Trustee shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every additional right and remedy now or hereafter afforded by law. The rights of Beneficiary and Trustee under this Deed of Trust shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Beneficiary or Trustee shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. 23. Power of Sale. (a) Beneficiary may deliver to Trustee a written Declaration of Default and Demand for Sale. Trustee shall have the power of sale of the Trust Property (such empowerment and procedure being hereinafter referred to as the "Power of Sale ") and if Beneficiary decides the Trust Property is to be sold, it shall deposit with the Trustee this Deed of Trust and the Note or Notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee a written Notice of Default and Election to cause the Trust Property to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be duly filed for record by Trustee. (b) After the lapse of such time and satisfaction of any other requirements as may be required by law following the recordation of Notice of Default, and Notice of Sale having been given as required by law, Trustee, without demand on Trustor, shall sell the Trust Property on the date and at the time and place designated in such Notice of Sale, at public auction to the highest bidder, the purchase price payable in lawful money of the United States at the time of sale. The person conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of such postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the same manner as the original Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying the Trust Property so sold, but without any covenant or warranty, express or implied. The Trustee's deed may contain recitals of compliance with the requirements of applicable law relating to the exercise of the power of sale and sale of property described therein, including recitals concerning any mailing, personal delivery and publication of the Notice of Default, any CLr 837349v1 12