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<br />mailing and the publication and posting of Notice of Sale and the conduct of sale, and such
<br />recitals shall constitute prima facie evidence of such compliance and conclusive evidence thereof
<br />in favor of bona fide purchasers and encumbrancers for value and without notice. The Trustee's
<br />deed shall operate to convey to the purchaser, without right of redemption, the Trustee's title and
<br />all right, title, interest and claim of the Grantor and its successors in interest and of all persons
<br />claiming by, through or under them, in and to the property sold, including all such right, title,
<br />interest and claim in and to such property acquired by the Grantor or its successors in interest
<br />subsequent to the execution of this Deed of Trust. Any person, including without limitation,
<br />Secured Party, may purchase at the sale.
<br />(c) The Trustee shall apply proceeds of the Trustee's sale, first, to the costs
<br />and expenses of exercising the power of sale and of the sale, including the payment of Trustee's
<br />fees actually incurred, not to exceed three percent of the debt at the time of the Event of Default;
<br />second, to the payment of the Debt; third, to the payment of junior trust deeds, mortgages or
<br />other lienholders; and the balance if any, to the person or persons legally entitled thereto.
<br />24. Concerning the Trustee. Trustee shall be under no duty to take any action
<br />hereunder except as expressly required hereunder or by law, or to perform any act which would
<br />involve Trustee in any expense or liability or to institute or defend any suit in respect hereof,
<br />unless properly indemnified to Trustee's reasonable satisfaction. Trustee, by acceptance of this
<br />Deed of Trust, covenants to perform and fulfill the trusts herein created, being liable, however,
<br />only for willful negligence or misconduct, and hereby waives any statutory fee and agrees to
<br />accept reasonable compensation, in lieu thereof, for any services rendered by Trustee in
<br />accordance with the terms hereof. Trustee may resign at any time upon giving thirty (30) days'
<br />notice to Grantor and to Beneficiary. Beneficiary may in its sole and absolute discretion and
<br />with or without cause remove Trustee at any time or from time to time and select a successor
<br />trustee. in the event of the death, removal, resignation, refusal to act, or inability to act of
<br />Trustee, or in its sole and absolute discretion for any reason whatsoever Beneficiary may,
<br />without notice and without specifying any reason therefor and without applying to any court,
<br />select and appoint a successor trustee, by an instrument recorded wherever this Deed of Trust is
<br />recorded and all powers, rights, duties and authority of Trustee, as aforesaid, shall thereupon
<br />become vested in such successor. Such substitute trustee shall not be required to give bond for
<br />the faithful performance of the duties of Trustee hereunder unless required to do so by
<br />Beneficiary.
<br />25. Trustee's Fees. Grantor shall pay all costs, fees and expenses incurred by Trustee
<br />and Trustee's agents and counsel in connection with the performance by Trustee of Trustee's
<br />duties hereunder and all such costs, fees and expenses shall be secured by this Deed of Trust.
<br />25. Construction. The terms of this Deed of Trust shall be construed in accordance
<br />with the laws of the State in which the Premises are located.
<br />27. Further Acts, etc. Grantor will, at the cost of Grantor, and without expense to
<br />Beneficiary or Trustee, do, execute, acknowledge and deliver all and every such further acts,
<br />deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignments, transfers
<br />and assurances as Beneficiary or Trustee shall, from time to time, reasonably require for the
<br />CLT 837349A
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