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<br />101174
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<br />which it deems necessary or desirable to preserve the value, marketability or
<br />rentability of the Trust Estate, or part thereof or interest therein, increase
<br />the income therefrom or protect the security hereof, and with or without taking
<br />possession of the Trust Estate, sue for or otherwise collect the rents, issues
<br />and profits thereof, including those past due and unpaid, and apply the same,
<br />less costs and expenses of operation and collection, including attorney's fees,
<br />upon any indebtedness secured hereby, all in such order as Beneficiary may
<br />determine. The entering upon and taking possession of the Trust Estate, the
<br />collection of such rents, issues and profits and the application thereof as
<br />aforesaid, shall not cure or waive any default or notice of default hereunder or
<br />invalidate any act done in response to such default or pursuant to such notice of
<br />default and, notwithstanding the continuance in possession of the Trust Estate or
<br />the collection, receipt and application of rents, issues or profits, Trustee or
<br />Beneficiary shall be entitled to exercise every right provided for in any of the
<br />Loan Instruments or by law upon occurrence of any event of default, including the
<br />right to exercise the power of sale;
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<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage,
<br />appoint a receiver, or specifically enforce any of the covenants hereof;
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<br />(c) Deliver to Trustee a written declaration of default and demand for
<br />sale, and a written notice of default and election to cause Trustor's interest in
<br />the Trust Estate to be sold, which notice Trustee shall cause to be duly filed
<br />for record in the appropriate Official Records of the County in which the Trust
<br />Estat~ is located.
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<br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by
<br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee
<br />and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br />and evidence of expenditures made and secured hereby as Trustee may require.
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<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be
<br />recorded, published and delivered to Trustor such Notice of Default and Notice of
<br />Sale as then required by law and by this Deed of Trust. Trustee shall, without
<br />demand on Trustor, after such time as may then be required by law and after
<br />recordation of such Notice of Default and after Notice of Sale having been given
<br />as required by law, sell the Trust Estate at the time and place of sale fixed by
<br />it in such Notice of Sale, either as a whole, or in separate lots or parcels or
<br />items as Trustee shall deem expedient, and in such order as it may determine, at
<br />public auction to the highest bidder for cash, in lawful money of the United
<br />States, payable at the time of sale. Trustee shall deliver to such purchaser or
<br />purchasers thereof, its good and sufficient deed or deeds, conveying the property
<br />so sold, but without any covenant or warranty, express or implied. The recitals
<br />in such deed of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. Any person, including, without limitation, Trustor,
<br />Trustee, and Beneficiary, may purchase at such sale, and Trustor hereby covenants
<br />to warrant and defend the title of such purchaser or purchasers.
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<br />(b) As may be permitted by law, after deducting all costs, fees, expenses
<br />of Trustee and of this Trust, including costs of evidence of title in connection
<br />with sale, 'rrustee shall apply the proceeds of sale to payment of (i) all sums
<br />expended under the terms hereof, not then repaid, with accrued interest at 15
<br />percent per annum, (ii) all other sums then secured hereby, and (iii) the
<br />remainder, if any, to the person or persons legally entitled thereto.
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<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any
<br />portion of the Trustee Estate.
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<br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce payment and performance of any indebtedness or
<br />obligations secured hereby and to exercise all rights and powers under this Deed
<br />of Trust or under any Loan Instrument or other agreement or any laws now or
<br />hereafter in force, notwithstanding some or all of the such indebtedness and
<br />obligations secured hereby may now or hereafter be otherwise secured, whether by
<br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br />acceptance of this Deed of Trust nor its enforcement whether by court action or
<br />pursuant to the power of sale or other powers herein contained, shall prejudice
<br />or in any manner affect Trustee's or Beneficiary's right to realize upon or
<br />enforce any other security now or hereafter held by Trustee or Beneficiary, it
<br />being agreed that Trustee and Beneficiary, and each of them, shall be entitled to
<br />enforce this Deed of Trust and any other security now or hereafter held by
<br />Heneficiary or Trustee, in such order and wanner as they or either of them msy in
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