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r 88- 100020 applying the net proceeds so derived, first, .to the cost of maintenance and operation of the Mortgaged Property and, second, to the payment of all of the Indebtedness, principal and interest, application to be made first to interest, then to principal, and the balance thereof, if any, shall be paid to the Mortgagor. Upon the payment of the aforesaid costs and Indebtedness, the Mortgaged Property shall be returned to Mortgagor in its then condition and such holder shall not be liable to Mortgagor for any damage to or injury of the Mortgaged Property. SECTION 3.3 Adjournment of Sale; Possessions for Sale; Waiver of Rights by Mortgagor. (a) To the extent permitted by applicable law, the Trustee may from time to time adjourn any sale to be made by him hereunder by announcement at the time and place of such adjourned sale, and without further publication, except as otherwise re- quired by law, may make such sale at the time and place to which the same may be so adjourned. (b) Upon any sale, whether under any power of sale hereby given or by virtue of judicial proceedings, it shall not be necessary for the Trustee or any public officer acting under execution or order of court to have physically present or con- structively in his possession any of the Mortgaged Property. SECTION 3.4 Beneficiary's Additional Remedies in Case of an Event of Default. (a) Beneficiary shall be entitled to recover judgment as aforesaid either before, after or during the pendency of any proceedings for the enforcement of the provisions of this Deed of Trust and the right of Beneficiary to recover such judgment shall not be affected by any entry or sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the provisions of this Deed of Trust, or the foreclosure of the Lien of this Deed of Trust. In case of pro- ceedings against Mortgagor in insolvency or bankruptcy or any proceedings for its reorganization or involving the liquidation of its assets, the Beneficiary shall be entitled to prove the whole amount of principal and interest due in respect of the Indebted- ness to the full amount thereof and all other payments, charges and costs due under this Deed of Trust, without deducting there- from any proceeds obtained from the sale of the whole or any part of the Premises; provided, however, that in no case shall the Beneficiary receive a greater amount than the aggregate of such principal, interest and such other payments, charges and costs (with interest at the Default Rate) from the aggregate amount of the proceeds of the sale of the Mortgaged Property and the distri- bution from the estate of Mortgagor. (b) The obtaining of any judgment by Beneficiary and any levy of any execution under any judgment upon the 110rt- gaged Property shall not affect in any manner or to any extent the Lien of this Deed of Trust upon the Mortgaged Property or any part thereof, or any Liens, powers, rights and remedies of Beneficiary -23- L L L <- r-- -.J j , r "-