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<br />88- 100020 <br /> <br />I <br /> <br />after advertising the time, place, and terms of the sale of the <br />Mortgaged Property in accordance with the provisions of applicable <br />law (the "Legal Notice"), to (i) sell the Mortgaged Property, at <br />public venue in accordance with such Legal Notice and in accor- <br />dance with applicable law, and it is hereby agreed that the <br />Trustee, his successors, substitutes, or assigns in such trust, <br />may sell the Mortgaged Property, together or in lots or parcels, <br />as to him shall seem expedient, (ii) after the sale as aforesaid, <br />to execute and deliver to the purchaser or purchasers thereof good <br />and sufficient deeds or other appropriate instruments of convey- <br />ance to the property so sold and any statement or recital of fact <br />in such deed or instrument in relation to the non-payment of the <br />Indebtedness, existence of the Indebtedness, notice, sale and <br />receipt of the proceeds of sale, shall be presumptive evidence of <br />the truth of such statements or recitals, and Mortgagor binds <br />itself to warrant and forever defend the title of such purchaser <br />or purchasers, and (iii) to receive the proceeds of the said sale. <br /> <br />~. <br />~ <br />! <br /> <br />l <br />I <br />i <br />I <br />I <br />! <br /> <br />The Trustee may sell and convey the Mortgaged Property <br />under the power aforesaid and otherwise act in his capacity as <br />Trustee hereunder, although the Trustee has been, may now be or <br />hereafter be attorney, agent or employee of the Beneficiary. <br /> <br />any other <br />of Trust, <br />otherwise, <br /> <br />(d) The proceeds of any <br />sums which then may be held by <br />.",hether under the provisions <br />shall be applied as follows: <br /> <br />such sale together .",i th <br />Trustee under this Deed <br />of this Article I II or <br /> <br />First: to the payment of <br />expenses of Trustee in executing <br />reasonable fee to the Trustee; <br /> <br />charges, costs and <br />trust, including a <br /> <br />all <br />this <br /> <br />~. <br /> <br />Second: to the payment of the costs and expenses of <br />such sale, including reasonable compensation to Beneficiary, <br />its agents and attorneys, and of any judicial or private <br />proceedings in which such sale may be made, and of all other <br />expenses, liabilities and advances made or incurred by <br />Beneficiary under this Deed of Trust, together with interest <br />at the Default Rate on such costs, expenses and liabilities <br />and on all advances made by Beneficiary from the date any <br />such cost, expense or liability is due, owing or unpaid or <br />any such advance is made, in each case until paid in full; <br /> <br />I <br />I: <br />f <br />! <br />~ <br />~ <br />[ <br /> <br />Third: to the payment of any Indebtedness then due, <br />owing or unpaid, other than interest and principal in respect <br />of the Loan secured by thi s Deed of Trust, and amounts <br />payable under subparagraph "First" and "Second" above, <br />together wi th interest on each such amount at the Default <br />Rate from and after the date such amount is due, owing or <br />unpaid until paid in full; <br /> <br />, <br />, <br />f <br />f: <br />~ <br />r. <br />~ <br />" <br />~ <br /> <br />Fourth: to the payment of.the interest then due, owing <br />or unpaid in respect of the Loan secured by this Deed of <br />Trust, together with, to the maximum extent permitted by law, <br /> <br />-21- <br /> <br />~ <br />f' <br />I: <br />~ <br />r <br /> <br />l <br />~ <br />lL <br />[; <br />\ <br />r <br />~ <br />f <br /> <br />L <br /> <br />L <br /> <br />~ <br /> <br />J <br /> <br />L..; <br />lY <br /> <br />..~ <br /> <br /> <br /> <br />....'.'..;~.'..;' <br />:~jl <br />!:\).)..iic <br />I <br />tl <br />;~ <br />( <br /> <br />~~! <br /> <br />"i; <br /> <br />r-- <br /> <br />'I <br />. <br />~ <br />r- <br />~ <br /> <br />~. <br />