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<br />Loan No: 032713101 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200600261 <br /> <br />Page 6 <br /> <br />without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the <br />Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a <br />receiver. <br /> <br />Tenancy at Sufferance. If Trustor remains in possession of the Property after the Property is sold as provided above or Lender <br />otherwise becomes entitled to possession of the Property upon default of Trustor, Trustor shall become a tenant at sufferance of <br />Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or <br />(2) vacate the Property immediately upon the demand of Lender. <br /> <br />Other Remedie$. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law. <br /> <br />Notice of Sale. Lender shall give Trustor reasonable notice of the time and place of any public sale of the Personal Property or of the <br />time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean <br />notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in <br />conjunction with any sale of the Real Property. <br /> <br />Sale of the Property. To the extent permitted by applicable law, Trustor hereby waives any and all rights to have the Property <br />marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or <br />separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. <br /> <br />Attorneys' Fees: Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be <br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any <br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are <br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable <br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph <br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, <br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or <br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching <br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the <br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by <br />law. <br /> <br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. <br /> <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this <br />Deed of Trust: <br /> <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following <br />actions with respect to the Property upon the written request of Lender and Trustor: (al join in preparing and filing a map or plat of <br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any <br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of <br />Lender under this Deed of Trust. <br /> <br />Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or <br />of any action or proceeding in which Trustor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by <br />Trustee. <br /> <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set <br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender <br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable <br />law. <br /> <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under <br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County, <br />State of California. The instrument shall contain, in addition to all other matters required by state law, the names of the original <br />Lender, Trustee, and Trustor, the book and page where this Deed of Trust is recorded, and the name and address of the successor <br />trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, <br />without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust <br />and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. <br /> <br />Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust. duly executed and acknowledged, is made a public <br />record as provided by law. <br /> <br />NOTICES. Any notice required to be given under this Deed of Trust shall be given in writing, and shall be effective when actually delivered, <br />when actually received by telefacsimile (unless otherwise required by law I. when deposited with a nationally recognized overnight courier, <br />or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses <br />shown near the beginning of this Deed of Trust. Trustor requests that copies of any notices of default and sale be directed to Trustor's <br />address shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority <br />over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any person may change his <br />or her address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the <br />purpose of the notice is to change the person's address. For notice purposes, Trustor agrees to keep Lender informed at all times of <br />Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to <br />any Trustor is deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender. <br /> <br />STATEMENT OF OBLIGATION FEE. Lender may collect a fee, not to exceed the maximum amount permitted by law, for furnishing the <br />statement of obligation as provided by Section 2943 of the Civil Code of California. <br /> <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />