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<br />200607973 <br /> <br />preserve the value, marketability or rentability of the Trust Estate, or part <br />thereof or interest therein, increase the income therefrom, or protect the <br />security hereof and, with or without taking possession of the Trust <br />Estate, sue for or otherwise collect the rents, issues, and profits thereof, <br />including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection including attorneys' fees, upon any <br />indebtedness secured thereby, all in such order as Beneficiary may <br />determine. The entering upon and taking possession of the Trust Estate, <br />the collection of such rents, issues, and profits, and the application <br />thereof as aforesaid, shall not cure or waive any default or notice of <br />default hereunder or invalidate any act done in response to such default <br />or pursuant to such notice of default and, notwithstanding the <br />continuance in possession of the Trust Estate or the collection, receipt, <br />and application of rents, issues, or profits, Trustee or Beneficiary shall be <br />entitled to exercise every right provided for in any of the Loan <br />Instruments; or by law upon occurrence of any event of default, including <br />the right to exercise the power of sale. <br /> <br />(b) Commence an action to foreclose this Deed of Trust as a <br />mortgage, appoint a receiver, or specifically enforce any of the covenants <br />hereof; <br /> <br />(c) Deliver to Trustee a written declaration of default and demand <br />for sale, a written notice of default and election to cause Trustor's <br />interest in the Trust Estate to be sold, which notice Trustee shall cause to <br />be duly filed for record in the appropriate Official Records of the County <br />in which the Trust Estate is located. <br /> <br />, ,. Foreclosure by Power of Sale. Should Beneficiary elect to <br />foreclose by exercise of the Power of Sale herein contained, Beneficiary <br />shall notify Trustee and shall deposit with Trustee this Deed of Trust and <br />the Note and such receipts and evidence of expenditures made and <br />secured hereby as Trustee may require. <br /> <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall <br />cause to be recorded~ published, and delivered to Trustor such Notice of <br />Default and Notice or Sale as then required by law and by this Deed of <br />Trust. Trustee shall, without demand on Trustor, after such time as may <br />then be required by law and after recordation of such Notice of Default <br />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 <br />Sale either as a whole, or in separate lots or parcels or items as Trustee <br />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 <br />States payable at the time of sale. Trustee shall deliver to such <br />purchaser or purchasers thereof its good and sufficient deed or deeds <br />conveying the property so sold, but without any covenant or warranty, <br />express or implied. The recitals in such deed of any matters or facts shall <br />be conclusive proof of the truthfulness thereof. Any person, including, <br />without limitation, Trustor, Trustee, or Beneficiary, may purchase at sucl1 <br />sale and Trustor hereby covenants to warrant and will defend the title of <br />such purchaser or purchasers. <br /> <br />4 <br />