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200313460
<br />a. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court
<br />and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, or any part thereof, in its own name
<br />or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the
<br />Trust Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof and, with or without taking
<br />possession of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and
<br />apply the same, less costs and expenses of operation and collection including attorney's fees, upon any indebtedness secured hereby, all in
<br />such order as Beneficiary may determine. The entering upon and taking possession of the Trust Estate, the collection of such rents, issues
<br />and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act
<br />done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Trust Estate
<br />or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided
<br />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;
<br />b. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br />covenants hereof;
<br />C. Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to
<br />cause Trustor's interest in the Trust estate to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate Official
<br />Records of the County in which the Trust Estate is located.
<br />11. FORRC'T OgURF BY POWER OF SAL . Should Beneficiary elect to foreclose by exercise of the Power of Sale
<br />herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this deed of Trust and the Note and such receipts and
<br />evidence of expenditures made and secured hereby as Trustee may require.
<br />a. Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor
<br />such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor,
<br />after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given
<br />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
<br />or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash
<br />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
<br />sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such
<br />deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor,
<br />Trustee or Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant and defend the title of such purchaser or
<br />purchasers.
<br />b. As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (1) all sums expended under the terms
<br />hereof, not then repaid, with accrued interest at sixteen percent (16 %) per annum, (2) all other sums then secured hereby, and (3) the
<br />remainder, if any, to the person or persons legally entitled thereto.
<br />C. Trustee may in the mariner provided by law, postpone sale of all or any portion of the Trust Estate.
<br />12. RF.TviFnms, t-,,-)T Fxc i is E. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and
<br />performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any
<br />Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and
<br />obligations secured hereby may now or hereafter be otherwise secured whether by mortgage, deed of trust, pledge, lien, assignment or
<br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or
<br />other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other
<br />security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to
<br />enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or
<br />either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is
<br />intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition
<br />to every other remedy given hereunder now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of
<br />the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or
<br />independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue
<br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor
<br />to the extent such action is permitted by law.
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