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<br />and Profits and intangible Personalty), or such part or parts thereof or interests therein as the Lender may select
<br />after first having given such notice of hearing as to commencement of foreclosure proceedings and obtained such findings
<br />or leave of court is then nrty be required by law and then having given such notice and advertised the time and place of
<br />Such sale in such rrtarntcr as then may be provided by law, and upon such sale and any resale and upon compliance with
<br />the law then relating to foI'eCIOSIn -e proceedings, to convey title to the Purchaser.
<br />(c) Following a foreclosure sale, the Trustee shall deliver to the Purchaser the Trustee's deed (and bill
<br />of sale as to at,y personalty) conveying the property so sold without any covenant or warranty, expressed or implied. The
<br />recitals in the. Trustee's deed shall be prima facie evidence of the statements made therein. The Trustee shall apply the
<br />proceeds of such sale in the following order. (i) to all costs and expenses of the sale, including but not limited to,
<br />reasonable Trustee's I'eCS of not snore than the lesser amount of three percent (3 %) of the gross sales price and costs of
<br />title evidence or the maximum amount permitted by applicable law; (ii) to all sums secured by this Deed of Trust; and (iii)
<br />the excess, if any, to the person or persons legally entitled thereto.
<br />(d) Tf a foreclosure proceeding is commenced by the Trustee but terminated prior to its completion, the
<br />Trustee's fees will be reasonable but not more than the lesser of one percent (1 %) of the Loan obligation if the termination
<br />occurs prior to the first public atiction sale and not more than the lesser of two percent (2 %) of the Loan obligation or the
<br />maximum amount permitted by applicable law if the termination occurs after the first public auction sale.
<br />Section 1 1.3. APPLICATION OF PROCEEDS. The purchase money, proceeds and avails of any disposition of
<br />the Property. cn• any part thereof, or any other sums collected by Lender pursuant to the Note, this Security Instrument or
<br />the Other Security Documents, may be applied by .Lender to the payment of the Debt in such priority and proportions as
<br />Lender in Ik discretion shall clean proper.
<br />Section 11. 1, 1 IGIAT TO CURE DEFAULTS. Upon the occurrence of any Event of Default or if Borrower fails
<br />to retake any payment or to do any act as herein provided, Lender may, but without any obligation to do so and without
<br />notice to or demand oil Borrower and without releasing Borrower from any obligation hereunder, make or do the same in
<br />such manner and to such extent as Lender may deem necessary to protect the security hereof. Lender is authorized to
<br />enter upon tlte. Property for such purposes, or appear in, defend, or bring any action or proceeding to protect its interest in
<br />the Property or to foreclose this Security Instrument or collect the Debt. The cost and expense of any cure hereunder
<br />(including reasonable attorneys' fees to the extent permitted by law), with interest as provided in this Section 11.4, shall
<br />constitute :1 portion of the .Debt and shall be due and payable to Lender upon demand. All such costs and expenses
<br />incurred by Lender in remedying such Event of Default or such failed payment or act or in appearing in, defending, or
<br />bringing any .Mich action or proceeding shall bear interest at the Default Rate (defined in the Note), for the period after
<br />notice born Lender that sucli cost. or expense was incurred to the date of payment to Lender. All Such costs and expenses
<br />incurred by Lender together with interest thereon calculated at the Default Rate shall be deemed to constitute a portion of
<br />the Debt cuul he secured by this Security Instrument and the Other Security Documents and shall be immediately due and
<br />payable upon demand by i.cnder therefor.
<br />Section 11.5. ACTIONS AND PROCEEDINGS. Lender has the right to appear in and defend any action or
<br />proceeditts., I)ioughl with respect to the Property, and after the occurrence and during the continuance of an Event of
<br />Default, tee brine any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion,
<br />decides should be brought to protect its interest in the Property.
<br />Section 1 1.0. RL,COVERY OF SUMS REQUIRED TO BE PAID. Tender shall have the right from time to
<br />time to take action to recover arty surn or sums which constitute a part of the Debt as the same become due, without
<br />regard to whether or riot thu balance of the Debt shall be due, and without prejudice to the right of Lender thereafter to
<br />bring an action of foreclosure, or any other action, for a default or defaults by Borrower existing at the time such earlier
<br />action was coutmcnced.
<br />Section 11.7. FXAMiNATION -._OF BOOKS_AND RECORDS. Following a default by Borrower, Lender, its
<br />agents, accotnttants and attorneys shall have the right upon prior written notice to Borrower (unless an Event of Default
<br />exists, ill which case no notice shall be required), to examine and audit, during reasonable business hours, the records,
<br />books, m�iii ,-cn ent autcl other papers of Borrower and its affiliates or of any Guarantor or Indemnitor which pertain to
<br />their financial condition or the income, expenses and operation of the Property, at the Property or at any office regularly
<br />maintained by Borrower, its affiliates or any Guarantor or Indemnitor where the books and records are located. Lender
<br />and its agents shall have the right upon notice to make copies an tracts from the f egoing records and other papers.
<br />Section I I.S. OTI 114 E EIGHTS. ETC_ V
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