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<br /> <br /> <br />88- 100097 <br /> <br /> <br />invalidate any act doy,e pursuant to any such y,otice. <br />Notwithstanding Beneficiary's continuance in possession or <br />receipt ay,d applicatioy, of rents, issues or profits, <br />Beneficiary shall be entitled to exercise every right <br />provided for in this Deed of Trust or by law upon or after <br />t~~ occurrence of an Event of Default, including the right to <br />exercise the power of sale. Any of the actions referred to <br />in this paragraph may be taken by Beneficiary at such time as <br />Beneficiary may determine without regard to the adequacy of <br />any securi ty for the Indebtedness secut'ed het'eby. <br /> <br />(b) Beneficiary shall, without regard to the adequacy <br />of any security for the Indebtedness secured hereby, be <br />entitled to the appointment of a receiver by any court having <br />Jurisdiction, without notice, to take possession of, protect, <br />and manage the Trust PI^operty and operate the same and <br />collect the rents, issues and profits therefrom. <br /> <br />(c) Beneficiary may bring any action in any court of <br />competent Jurisdiction to foreclose this Deed of Tt'ust or <br />enforce any of the covenants hereof. <br /> <br />(d) Beneficiary may elect to cause the Trust Property <br />or any part hereof to be sold under the power of sale, and in <br />such event, Beneficiary or Trustee shall give such notice of <br />default and notice of sale as may be then required by law. <br />Thereafter, upon the expiration of such time and the giving <br />of such notice of sale as may then be required by law, <br />Trustee, at the time and place specified by the notice of <br />sale, shall sell such Trust Property, or any part thereof <br />specified by Beneficiary, at public auction to the highest <br />bidder for cash in lawful money of the United States of <br />America. Upon receipt of payment of the price bid, Trustee <br />shall apply the proceeds in the following order: (i) to the <br />cost and expenses of exercising the power of sale and of the <br />sale, including but not limited to, trustee's fees of not <br />more than $500.00 plus one-half of one percent of the gross <br />sale price, and reasonable attorney fees, (ii) to the <br />Ind~btedness, and (iii) and the excess, if any, to the <br />person or persons legally entitled thereto. <br /> <br />All costs and expenses incurred by Beneficiary in enforcing <br />any right under this Deed of Trust, including without <br />limitation, abstract or title fees, appraisal fees, premiums <br />for title insurance, attorney fees and court costs, shall be <br />and constitute Indebtedness secured hereby. <br /> <br />27. <br /> <br />Duties of Trustee. <br /> <br />Trustor agrees that: <br /> <br />(a) Duties and obligations of Trustee shall be <br />determined solely by the express provisions of this Deed of <br />Trust and Trustee shall not be liable except for the <br />performance of such duties and obligations as are <br /> <br />-- <br /> <br />r- <br />I <br />I <br /> <br />! <br /> <br />L <br /> <br />--.J <br /> <br />: 1-. <br />t:... <br /> <br />L <br />