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-4R 7
<br />11. FORECLOSURE BY POWER OF SALE. Should Benficlary elect to
<br />foreclose y exec s us
<br />d o t d owi oo`_Sale herein contained, Bene-
<br />ficiary shall notify Trtee and shall deposit with Trustee thi
<br />Deed of Trust and the Note and such receipts and evidence of expend-
<br />itures made and secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trur.tee 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 />qquired by law, sell the Trust Estate at the time and place of *tale
<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 limitation,Trustor, Trustee, and Beneficiary, may purchase
<br />at such sale and Trustor hereby covenants to warrant and defend the
<br />title of such purchaser or purchasers.
<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 16 percent
<br />per annum, (ii) all other sums then secured hereby, an iii) the
<br />remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee,may in the manner provided by law, postpone sale
<br />of all or any portion of the Trustee Estate.
<br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary,and each
<br />of them, sTi—all 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 Trust 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 pursuant to the power of sale or other
<br />powers herein contained, shall prejudice or in any manner 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 either of them may pursue inconsistent romedies. Nothing herein
<br />shall. be construed as prohibiting Beneficiary from seeking a deri-
<br />ciency judgment against the Trustor to the extend 5tuch atcti.on
<br />permitted by law.
<br />11 FJ WST FOR NOTICE. 'Trustor hereby i
<br />requc is a copy of ally
<br />tsoti�,e c�i i1'i�-1117aiL—flt, aria k.fiat any nr.,ti.fwar of r;ale hcrcti;;dor hn mat Ir +l
<br />to it; r;t the, address ,( ?t l'or.t.El In tlir, ffrrJ pol'r};r-aph 4�; tiii!; Irok'd
<br />of Tursr:.
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