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200603561 <br />(xiii) Beneficiary may apply any sums then deposited or held in escrow or <br />otherwise by or on behalf of Beneficiary in accordance with the terms of the Indenture, <br />this Deed of Trust or any other Transaction Document to the payment of the following <br />items in any order in its uncontrolled discretion: <br />(A) taxes and other charges; <br />(B) insurance premiums; <br />(C) interest on the unpaid principal balance of the Notes; <br />(D) amortization of the unpaid principal balance of the Notes; <br />(E) all other sums payable pursuant to the Notes, the Indenture, this Deed of <br />Trust and the other Transaction Documents, including without limitation advances made <br />by Beneficiary pursuant to the terms of this Deed of Trust; or <br />(F) pursue such other remedies as Beneficiary may have under applicable law. <br />In the event of a sale, by foreclosure, power of sale or otherwise, of less than all <br />of the Trust Property, this Deed of Trust shall continue as a lien and security interest on the <br />remaining portion of the Trust Property unimpaired and without loss of priority. <br />(b) Beneficiary, in any action to foreclose this Deed of Trust in a judicial procedure <br />or in connection with the exercise of any non- judicial power of sale by Trustee, shall be entitled <br />to the appointment of a receiver. In case of a trustee's sale or foreclosure sale, the Real Estate <br />and the related Personal Real Estate may be sold in one parcel or in more than one parcel and <br />Trustee is specifically empowered (without being required to do so, and in its sole and absolute <br />discretion) to cause successive sales of portions of the Trust Property to be held. <br />(c) In the event of any breach of any of the covenants, agreements, terms or <br />conditions contained in this Deed of Trust beyond the applicable notice and grace period, if any, <br />Beneficiary or Trustee shall be entitled to enjoin such breach and obtain specific performance of <br />any covenant, agreement, term or condition and Beneficiary and Trustee shall have the right to <br />invoke any equitable right or remedy as though other remedies were not provided for in this <br />Deed of Trust. <br />10. Right of Beneficiary to Credit Sale. Upon the occurrence of any sale made under <br />this Deed of Trust, whether made under the power of sale or by virtue of judicial proceedings or <br />of a judgment or decree of foreclosure and sale, Beneficiary may bid for and acquire the Trust <br />Property or any part thereof. In lieu of paying cash therefor, Beneficiary may make settlement <br />for the purchase price by crediting upon the Obligations or other sums secured by this Deed of <br />Trust the net sales price after deducting therefrom the expenses of sale and the cost of the action <br />and any other sums which Beneficiary is authorized to deduct under this Deed of Trust. In such <br />event, this Deed of Trust, the Indenture, and documents evidencing expenditures secured hereby <br />may be presented to the person or persons conducting the sale in order that the amount so used or <br />applied may be credited upon the Obligations as having been paid. <br />