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88- 101243 therein. Trustee shall apply the proceeds of the sale in the following order: a) to all reasonable costs and expenses of the sale, including but not limited to, Trustee's fees of not more than five percent (5%) of the gross sale price or the fair market value of the property at the time of sale, whichever is greater, reasonable attorney's fees and costs of title evidence; b) to all sums secured by this Trust Deed; C) to the payment of junior trust deeds, mortgages or other lienholders; and d) the balance, if any, to the person or persons legally entitled thereto. 16. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy in the event of continuing or future breaches by the Guarantor. 17. All remedies provided in this trust deed are distinct and cumulative to any other right or remedy under this Trust Deed or afforded by law or equity, and may be exercised concurrently, independently or successively. Lender shall have the right and option to first foreclose on personal property securing the debt without prejudice to its right to thereafter sell or foreclose the Property or to pursue all security at the same time or to pursue the personal property after the sale or foreclosure of the Property or sell the real and personal property together. 18. Upon payment of all sums secured by this Trust Deed, Lender shall request Trustee to reconvey the Property and Lender shall surrender this Trust Deed and all documents evidencing indebtedness secured by this Trust Deed. Trustee shall reconvey the Property without warranty to the person or persons legally entitled thereto. Such person or persons shall pay all costs of the deed of reconveyance and recordation, if any. 19. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the County in which this Trust Deed is recorded. Without conveyance of the Property, the successor trustee shall succeed to all title, power and duties conferred upon the Trustee herein and by applicable law. 20. Guarantor requests notice of default and notice of sale be mailed .25" 11 ~ C en C. " I e Guaran r wants person designated to receive such separate request for such notice each county in which the Property name and address of the Person to whom notice is to be sent, and identifying this Trust Deed by stating the names of the parties hereto, the date it was recorded and the instrument number or book and page thereof. If no such separate request is filed then notice mailed to the party and address set forth above shall be -6- r-- L .--.J l