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<br />including attorneys' fees, upon any indebtedness secured hercby, all in such order as Beneficiary may
<br />determine. The entering upon and taking possession the Trust Estate, the collection of such rents, issues and
<br />profits, and the application thereof as aforesaid shall not cure or waive any dcfault or notice of default
<br />hereunder or invalidate any act done in response to such default or pursuant to such notice of default and,
<br />notwithstanding the continuance in possession ofthc Trust Estate or the collection, receipt and application
<br />of rents, issues or profits, Trustee or Beneficiary shall be entitlcd to exercise every right provided for in any
<br />ofthe Loan Instruments or by law upon occurrence of any event of default, including the right to exercise
<br />the power of sale.
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<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or
<br />specifically enforce any ofthe covenants hereof.
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<br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice
<br />of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall
<br />cause to be duly filed for record in the appropriate official records ofthe county in which the Trust Estate
<br />is locatcd.
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<br />11. Foreclosure bv Power of Sale. Should Beneficiary elect to foreclose by exercise of the
<br />Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of
<br />Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may
<br />require.
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<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published
<br />and delivcrcd to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed
<br />of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after
<br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the
<br />Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate
<br />lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public
<br />auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />'rrustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying
<br />the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of
<br />any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without
<br />limitation, Trustor, Trustee and Beneficiary, may purchase at such sale and Trustor hereby covenants to
<br />warrant and defend the title of such purchaser or purchasers.
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<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of
<br />this Trust, including costs of evidence oftitle in connection with sale, Trustee shall apply the proceeds of
<br />sale to payment of (i) all sums expended under the term hereof, not then repaid, with accrued interest at
<br />twelve percent (12%) per annum; (ii) all other sums then secured hereby; and (iii) the remainder, if any, to
<br />the person or persons legally entitled thereto.
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<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion ofthe Trust
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<br />Estate.
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<br />12. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to
<br />enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights
<br />and powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws now or
<br />hereafter in force, notwithstanding that same or all of the such indebtedness and obligations secured hereby
<br />way now or hcrcafter be otherwise sccured, whether by mortgage, deed of trust, pledge, lien, assignment or
<br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or
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