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100603 <br />- <br />`.1 <br />not cured. within any applicable grace perm. On any such went of <br />Default, Beneficiary may at any time notice, either in person, by <br />agent, or by receiver to be appointed by the court, and without regard <br />to the adequacy of any security for the indebtedness secured hereby, - <br />enter upon and take possession of such property or any part thereof, <br />make, cancel, enforce or modify leases; obtain and eject tenants, set or <br />modify rents; in its own name sue or otherwise collect the rents, income, <br />issues and profits thereof, including those past dice and unpaid; and <br />apply the same, less costs and expenses of operation and collection, <br />including reasonable attorney's fees, upon any indebtedness secured <br />' <br />Whereby and in such order as Beneficiary may determine; and except for <br />such application, Beneficiary, shall not be liable to any person for the <br />collection or nonc:ollection of any rents, income, issues or profits, for <br />the failure to assert or enforce any of the foregoing rights, nor shall <br />Beneficiary be charged with any of the duties and obligation of a <br />mortgagee in possession. The enteri"t upon and taking possesses of <br />such property, the collection of such rents, income, issues or profits, <br />the doing of other acts herein authi- rized, and the application thereof as <br />aforesaid. shall not cure or waive aasy Event of Default or notice of <br />default hereunder or invalidate any act done pursuant to such notice. <br />1 . - Judicial Foreclosure or — rustee's -SaW r Default <br />(a) Upon the occurrence of or more Events of Default as - <br />(a) <br />defined in this deed of Trust, or 'default by Trustor in the performance <br />of any rather agreement here rrler, or irrtder oily insiru�t car <br />agreement secured :hereby. Sene£icia_r'y may declare all sums secured <br />hereby immediately due and payable and, at the option of ttre <br />Beneficiary, this Deed of Trust may be foreclosed in the mamwr <br />' <br />provided by lases for the foreclosure of tg s on real property or <br />drily be sold in the mariner i rri the liiraasxa Trust s Act <br />under the power of sale conferred upon the Trustee hereunder. <br />'� <br />. <br />rtY <br />area of sale conferred upon the Trustee us a hereunder, shall <br />"use to be filed of record a m e and ion to sell <br />such property. After the lapse of such time as then may be r�+ired <br />by law following recordation of such notion of default, and notice of sale - <br />havr'na been given as then required by tars', Trustee, without demand on <br />Trustor, shall 'sell such property, either as a whole or in separate <br />€r2irce4s, and in such order as it or Beneficiary may determine at public' <br />auction to the highest bidder. Trustee way postpone the sale of all or <br />airy portion of such property by public announcewhent at the time and <br />plaice of sale., and from time to time thereafter- rrray postpone the sate by <br />bllc announcement at the time and place fixed by the preceding - <br />post.ponement. Trustee shall deliver to such purchaser its € eed <br />ravey" "the property so staid; but without any covenant" or warranty, <br />express or implied. The recital in such deed of any utters of fact or <br />otherwise shall be conclusive proof of the truthfulness thereof. Any <br />per^sor:, including Trustor, Trustee or Beneficiary, may Purchase at <br />such sale. Trustee may also sell at any such sal and as part thereof <br />_ <br />any shares of corporate shack securing the obligation "securest hereby. <br />tBpneficiary at its optic may alse foreckise ort such shares by <br />indent pledge sale -a The Trustee stall apply the proceeds. of the <br />