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200602197 (e) Exercise any other rights or remedies which may now or hereafter be available to the Beneficiary hereunder or the other Financing Documents or pursuant to applicable law or in equity. Section 5.03. Exercise of Power of Sale. (a) If the Beneficiary elects to sell the Grantor's interest in the Mortgaged Estate by exercise of the power of sale herein contained, the Beneficiary shall notify the Trustee in the manner then required by law. (b) Upon receipt of such notice from the Beneficiary and at the direction of the Beneficiary, the Trustee shall cause to be given, recorded, published and delivered such notices of default and /or notices of sale as may then be required by law and /or hereby. The Trustee shall, only at the direction of the Beneficiary and without demand on the Grantor, after such time as may then be required by law after such notice of default and /or notice of sale having been given as required by law, sell the Mortgaged Estate at the time and place of sale fixed by it in such notice of sale, either as a whole, or in separate lots or parcels or items as the Beneficiary shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale, or as otherwise may then be required by law. The Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, the Grantor, the Trustee or the Beneficiary, may purchase at such sale. The Beneficiary may "credit bid" all or any portion of the Secured Obligations at such sale. (c) As may be permitted by law, after deducting all costs, fees and expenses of the Trustee and hereof, including without limitation costs of evidence of title in connection with sale and any reasonable attorneys' fees and expenses incurred by the Trustee, the Trustee shall apply the proceeds of sale (1) first, to payment of all actual out -of- pocket costs, fees and expenses, including reasonable attorneys' fees and expenses incurred by the Beneficiary in exercising the power of sale or foreclosing this Deed of Trust, and (2) second, in accordance with the provisions of Section 706 of the Indenture to the extent of the indebtedness outstanding under the Notes and Loan Agreement. (d) The Trustee may in the manner provided by law postpone sale of all or any portion of the Mortgaged Estate. Section 5.04. Appointment of Receiver. If an Event of Default (which is not cured within any applicable cure period) shall have occurred, the Beneficiary, as a matter of right and without notice to the Grantor or anyone claiming under the Grantor, and without regard to the value of the Mortgaged Estate or the interest of the Grantor therein; shall have the right to apply to any court having _jurisdiction to appoint a receiver or receivers of the Mortgaged Estate and the Grantor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of the Beneficiary in case of entry as provided in Section 5.02(b) hereof and shall continue as such and exercise all such powers until the date of confirmation of sale of the Mortgaged Estate unless such receivership is sooner terminated. The Beneficiary shall, in addition to and not in limitation of any of the foregoing or any other remedies provided herein or otherwise available under applicable law, have all of the rights provided under the laws of the State. Section 5.05. Remedies Not Exclusive. The Beneficiary shall be entitled to enforce payment and performance of any Secured Obligation hereby and to exercise all rights and powers hereunder or -16-