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<br />200611040 <br /> <br />remedy given hereunder or now or hereafter existing at law or in <br />equity or by statute. Every power or remedy provided under this <br />Deed of Trust to Trustee or Beneficiary or to which either of <br />them may be otherwise entitled, may be exercised, concurrently or <br />independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of them may pursue <br />inconsistent remedies. Nothing herein shall be construed as <br />prohibiting Beneficiary from seeking a deficiency judgment <br />against the Trustor to the extent such action is permitted by <br />law. <br /> <br />9. Transfer of the Property; Assumption. If all or any <br />part of the Property or any interest therein is sold, transferred <br />or conveyed by Trustor without Beneficiary's prior written <br />consent, excluding (a) the creation of a lien of encumbrance <br />subordinate to this Deed of Trust, (b) the creation of a purchase <br />money security interest for household appliances, (c) a transfer <br />by devise, descent or by operation of law upon the death of a <br />joint tenant or (d) the grant of any leasehold interest of one <br />(1) year or less not containing an option to purchase, <br />Beneficiary may, at Beneficiary'S option, declare all the sums <br />secured by this Deed of Trust to be immediately due and payable, <br />or cause the Trustee to file a notice of default. <br /> <br />10. Acceleration upon Default; Remedies; Sale. Upon <br />default by Trustor in the payment of or performance of the terms <br />and conditions of the Note, or any renewals, modifications or <br />extensions thereof, or in the payment of any other indebtedness <br />secured hereby or in the performance of any of the covenants or <br />agreements hereunder, Beneficiary may, in the manner set forth in <br />the Note, declare all sums secured hereby immediately due and <br />payable and the same shall thereupon become due and payable <br />without presentment, demand, protest or notice of any kind. <br />Thereafter, Beneficiary may deliver to Trustee a written <br />declaration of default and demand for sale. TRUSTEE SHALL HAVE <br />THE POWER OF SALE OF THE PROPERTY and if Beneficiary decides the <br />Property is to be sold it shall deposit with Trustee this Deed of <br />Trust and the Note or notes and any other documents evidencing <br />expenditures secured hereby, and shall deliver to Trustee a <br />written notice of default and election to cause the Property to <br />be sold, and Trustee, in turn, shall prepare a similar notice in <br />the form required by law which shall be duly filed for record by <br />Trustee. <br /> <br />6 <br />