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200603561 <br />(i) If Beneficiary elects to sell Grantor's interest in the Trust Property by <br />exercise of the power of sale herein contained, Beneficiary shall notify Trustee in the <br />manner then required by law. <br />Upon receipt of such notice of Beneficiary and at the direction of Beneficiary, <br />Trustee shall cause to be recorded, published and delivered such notices of default and <br />notices of sale as may then be required by law and by this Deed of Trust. Trustee shall, <br />only at the direction of Beneficiary and without demand on Grantor, after such time as <br />may then be required by law and after recordation of such notice of default and after <br />notice of sale having been given as required by law, sell the Trust Property at the time <br />and place of sale fixed by it in such notice of sale, either as whole or in separate lots or <br />parcels or items as Beneficiary shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawful money of the United <br />States payable at the time of sale, or as otherwise may then be required by law. Trustee <br />shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds <br />conveying the property so sold, but without any covenant or warranty, express or implied. <br />The recitals in such deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including, without limitation, Grantor, Trustee or <br />Beneficiary, may purchase at such sale. Trustee may in the manner provided by law <br />postpone sale of all or any portion of the Trust Property. <br />Trustee shall apply the proceeds of Trustee's sale, first, to the costs and expenses <br />of exercising the power of sale and of the sale, including the payment of Trustee's fees <br />actually incurred not to exceed the amount which may be provided for in this Deed of <br />Trust, second, to payment of the obligation secured by this Deed of Trust, third, to the <br />payment of junior deeds of trust, mortgages or other lienholders, and the balance, if any, <br />to the person or persons legally entitled thereto. <br />In the event a sale hereunder should be commenced by the Trustee, or his <br />substitute or successor, to the extent permitted by applicable law, Beneficiary may at any <br />time before the sale of all or any part of the Trust Property direct the Trustee to cancel the <br />scheduled sale and re- schedule the sale or to abandon the sale, whereupon Beneficiary <br />may then institute suit for the collection of the Obligations and other sums secured <br />hereby, and for the foreclosure of this deed of trust lien; it is further agreed that, to the <br />extent permitted by applicable law, if Beneficiary should institute a suit for the collection <br />of the Obligations and other sums secured hereby, and for a foreclosure of this deed of <br />trust lien, that he may at any time before the entry of a final judgment in said suit dismiss <br />the same and request the Trustee, his substitute or successor, to sell the Premises in <br />accordance with the provisions of this Deed of Trust. <br />(ii) Beneficiary may, to the extent permitted by applicable law, (A) institute <br />and maintain an action of mortgage foreclosure against all or any part of the Trust <br />Property, (B) institute and maintain an action under the Indenture or any other <br />Transaction Document, (C) sell all or part of the Trust Property (Grantor expressly <br />granting to Beneficiary the power of sale), or (D) take such other action at law or in <br />equity for the enforcement of this Deed of Trust or any of the Transaction Documents as <br />the law may allow. Beneficiary may proceed in any such action to final judgment and <br />