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<br />88- 102035
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<br />11. .FORECLOSURE BY POWER OF SALE. Should Benficiary elect to
<br />foreclose by exercise of the Power of Sale herein contained, Bene-
<br />ficiary shall notify Trustee and shall deposit with Trustee this
<br />Deed of Trust and the Note and such receipts and evidence of expend-
<br />itures made and secured hereby as Trustee may require.
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<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall
<br />cause to be recorded, published and deliver to Trustor such Notice
<br />of Default and Notice of Sale as then required by law and by this
<br />Deed of Trust. .Trustee shall, without demand on Trustor, after such
<br />time as may then be required by law and after recordation of such
<br />Notice of Default and after Notice of Sale having been given as re-
<br />quired bylaw, sell the Trust Estate at the time and place of sale
<br />fixed by it in such Notice of Sale, either as a whole, or in separate
<br />lots or parcels or items as Trustee shall deem expedient, and in
<br />such order as it may determine, at public auction to the highest
<br />bidder for cash in lawful money of the United States payable at the
<br />time of sale. Trustee shall deliver to such purchaser or purchasers
<br />thereof its good and sufficient deed or deeds conveying the property
<br />so sold, but without any covenant or warranty, express or implied.
<br />The recitals in such deed of any matters or facts shall be con-
<br />clusive proof of the truthfulness thereof. ,Any person, including,
<br />without limitatio~ Trustor, Trustee, and Beneficiary, may purchas~
<br />at such sale and Trustor hereby covenants to warrant and defend bhe
<br />title of such purchaser or purchasers.
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<br />(b) As may be permitted by law, after deducting all costs,
<br />fees, expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the
<br />proceeds of sale to payment of (i) all sums expended under the terms
<br />hereof, not then repaid, with.accrued interest at 14 percent
<br />per annum, (ii) all other sums then secured he~eby, and (iii) the
<br />remainder, if any, to the person or persons legally entitled thereto.
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<br />.(c) Truste~may in the manner provided by law, postpone sale
<br />of all or any portion of the Trustee Estate.
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<br />12.' REMEDIES NOT EXCLUSIVE. Trustee and Beneficiar~ and each
<br />of them, shall be entitled to enforce payment and performance of
<br />any indebtedness or obligations secured hereby and to exercise all
<br />rights and powers under this Deed of Truot or under any Loan Instru-
<br />ment or other agreement or any laws now or hereafter in force, not-
<br />withstanding some or all of the such Indebtedness and obligations
<br />secured hereby may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise.
<br />Neither the .acceptance of this Deed of Trust nor its enforcement,
<br />whether by court .action or pur,suant to the power of sale or other
<br />powers herein contained, shall prejudice or in any Inanner affect
<br />Trustee's or Beneficiary's right to realize upon or enforce any
<br />other security now or hereafter held by Trustee or Beneficiary, it
<br />being agreed that Trustee and Beneficiary, and each of them, shall
<br />be entitled to enforce this Deed of Trust and any other security now
<br />or hereafter held by Beneficiary or Trustee in such order and manner
<br />as they or either of them may in their absolute discretion deter-
<br />mine. ,No remedy herein conferred upon or reserved to Trustee or
<br />Beneficiary is intended to be exclusive of any other remedy herein
<br />or by law provided or permitted, but each shall be cumulative and
<br />shall be in addition to every other remedy given hereunder or now
<br />or hereafter existing at law or in equity or by statute. .Every
<br />power or remedy given by any of the Loan Instruments to Trustee or
<br />Beneficiary or to which either of them may be otherwise entitled,
<br />may be exercised, concurrently or independently, from time to time,
<br />and as often as may be deemed expedient by Trustee or Beneficiary
<br />and eithe,r of them may pursue inconsistent remedies. Nothing herein
<br />shall be'construed as prohibiting Beneficiary from seeking a defi-
<br />ciency judgment against the Trustor to the extend such action is
<br />permitted by law.
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<br />13., REQUEST, FOR NOTICE, Trustor hereby requests a copy of any
<br />not'ice of default, and that any noti.ce of sale hereunder be mailed
<br />to it at the address set forth i.n the first paragnlph of th is DCQd
<br />of Turst.
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