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200315730 <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause <br />to be recorded, published, and delivered to Trustor such Notice of <br />Default and Notice of Sale as then required by law and this Deed <br />of Trust. Trustee shall, without demand on Trustor, after such <br />time as may then be required by law and after recordation of such <br />Notice of Default and after Notice of Sale having been given as <br />required by law, sell the Trust Estate at the time and place of sale <br />fixed by it in such Notice of Sale, either as a whole, or in separate <br />lots or parcels or items as Trustee shall deem expedient, and in <br />such order as it may determine, at public auction to the highest <br />bidder for cash in lawful money of the United States payable at the <br />time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof its good and sufficient deed or deeds <br />conveying the property so sold, but without any covenant or <br />warranty, express or implied. The recitals in such deed or any <br />matters or facts shall be conclusive proof of the truthfulness <br />thereof. Any person, including, without limitation, Trustor, Trustee, <br />and Beneficiary, may purchase at such sale and Trustor hereby <br />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 <br />expenses of Trustee and of this Trust, including costs of evidence <br />of title in connection with sale, Trustee shall apply the proceeds of <br />any sale to the payment of (1) all sums expended under the terms <br />hereof not then repaid, with accrued interest at Fourteen Percent <br />(14 %) per annum; (ii) all other sums then secured hereby; and (iii) <br />the remainder, if any, to the person or persons legally entitled <br />thereto. <br />(c) Trustee may, in the manner provided by law, postpone sale of all <br />or any portion of the Trust Estate. <br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce payment and performance of any indebtedness or obligations secured hereby and to <br />exercise all rights and powers under this Deed of Trust or under any loan instrument or other <br />agreement, or any laws now or hereafter in force, notwithstanding that some or all of the such <br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, <br />whether by mortgage, deed of trust, pledge, lien, assignment, or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the <br />power of sale or other powers herein contained, shall prejudice or in any manner affect <br />Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter <br />held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them <br />shall be 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 absolute <br />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 <br />shall be cumulative and shall be in addition to every other remedy given hereunder or now or <br />hereafter existing at law or in equity or by statute. Every power given by any of the Loan <br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled may <br />be exercised, concurrently or independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary, and either or both of them may pursue inconsistent <br />remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a <br />deficiency judgment against the Trustor to the extent such action is permitted by law. <br />14. Assignment of Rents. For the purpose of providing further security for the debt secured <br />hereby, Trustor hereby assigns, transfers, and sets over to Beneficiary, to be applied toward the <br />payment of the Note and all other sums secured hereby or evidenced by the Loan Instruments, <br />in case of default in the performance of any of the terms or conditions of this Deed of Trust, or <br />the said Note, or the terms of any Loan Instruments, all the rents, revenues, and incomes, if <br />any, to be derived from the Property during such time as the Note shall remain unpaid; and <br />Beneficiary shall have the power to appoint any agent or agents they may desire for the purpose <br />of repairing the Property and of renting the same and collecting the rents, revenues, and <br />income, and it may pay out of said income all expenses of repairing the Property and necessary <br />commissions and expenses incurred in renting and managing the same and of the payment of <br />(L0550262.1) <br />