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<br />f <br />" <br />~-- <br />~ <br />L <br />I' <br />" <br />1r <br />f; <br />li <br /> <br />~. <br />I~' <br /> <br />( <br />'.~ <br /> <br />L <br /> <br />88- 100024 <br /> <br />Sixth: the surplus, if any, to be paid to whomever <br />lawfully may be entitled to receive such surplus. <br /> <br />Provided however, in the event the power of sale granted hereunder <br />shall be exercised or in the event the Personal Property shall be <br />sold in accordance with the provisions of the Uniform Commercial <br />Code as enacted by the state where the Premi ses are located, the <br />proceeds of such sale or sales shall be distributed in the manner <br />provided by the laws of the state where the Premises are located. <br /> <br />(e) Beneficiary may bid for and acquire the <br />Mortgaged Property or any part thereof at any sale made under or <br />by virtue of this Article III and, in lieu of paying cash there- <br />for, may make settlement for the purchase price by credi ting <br />against the purchase price the unpaid amounts due and owing in <br />respect of the Loan, after deducting from the sales price the <br />expenses of the sale and the costs of the action or proceedings <br />and any other sums that Beneficiary is authorized to deduct under <br />this Deed of Trust. <br /> <br />(f) The sale of a part of the Mortgaged Property <br />shall not exhaust the power of sale, but sales may be made succes- <br />sively until all the Mortgaged Property shall be sold or all the <br />Indebtedness shall be fully paid. <br /> <br />(g) Upon the happening of any Event of Default, <br />whether or not the Note or the other Indebtedness shall have been <br />declared due and payable, and in addition to the other rights and <br />remedies hereunder and without in any way affecting the lien <br />hereof or the priority of the lien hereof, or any other right of <br />such holder hereunder, such holder by his or their agents or <br />attorneys may, but shall not be obligated so to do, (i) enter into <br />and upon all or any part of the Mortgaged Property and exclude <br />Mortgagor, Mortgagor's agents, servants, and lessees wholly <br />therefrom and, having and holding the same, (ii) use, operate, <br />manage, and control the Mortgaged Property or any part thereof, <br />and upon every such entry; and in any such case the holder or <br />holders of the Indebtedness shall have the right to manage the <br />Mortgaged Property, to carryon the business thereof, to lease all <br />or any part thereof and to exercise all rights and powers of <br />Mortgagor wi th respect to the same, in such manner as to such <br />holder or holders may seem proper, and such holder or holders <br />shall be entitled to collect and receive all earnings, income, <br />rents, issues, and profits of the same and every part thereof, <br />applying the net proceeds so derived, first, to the cost of <br />maintenance and operation of the Mortgaged Property and, second, <br />to the payment of all of the Indebtedness, principal and interest, <br />application to be made first to interest, then to principal, and <br />the balance thereof, if any, shall be paid to the Mortgagor. Upon <br />the payment of the aforesaid costs and Indebtedness, the Mortgaged <br />Property shall be returned to Mortgagor in its then condition and <br />such holder shall not be liable to Mortgagor for any damage to or <br />injury of the Mortgaged Property. <br /> <br />-24- <br /> <br />L <br /> <br />L <br /> <br />i..~:;,. <br /> <br />r-- <br /> <br />_J <br /> <br />I <br />~, <br />