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86-= 106927 Receipt of rents, awards and any other moneys or evidences thereof, pursuant to the provisions of this Deed of Trust, and any disposition of the same by Trustee or Beneficiary shall not constitute a waiver of the power of sale or rights of foreclosure by Trustee or Beneficiary in the event of default or failure of performance by Trustor of any. covenant or agreement contained herein or in any note secured hereby. 3.09 Protection of Security. Should Trustor fail to make any payment or to perform any covenant as herein provided, Beneficiary (but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof) may: make or do the same in such manner and to such extent as Beneficiary may deem necessary to protect the security hereof, Beneficiary being authorized to enter upon the Premises for such purposes; commence, appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary; pay, purchase, contest, or comprise any encumbrance, charge or lien which in the judgment of Beneficiary is prior or superior hereto and, in exercising any such power, incur any liability and expend whatever amounts in its absolute discretion it may deem necessary therefor, including cost of evidence of title and reasonable counsel fee. Any indebtedness secured by this Deed of Trust be treated as an advance under Section 1.12 hereof. 3.10 Rules of Construction. When the identity of the parties hereto or other circumstances make it appropriate, the masculine gender includes the feminine and /or neuter, and the singular number includes the plural. The headings of each paragraph are for information and convenience only and do not limit or construe the contents of any provision hereof. 3.11 Severability. If any term of this Deed of Trust or the application thereof to any persons or circumstances, shall, to any extent, be invalid or unenforceable, the remainder of this Deed of Trust, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Deed of Trust shall be valid an enforceable to the fullest extent permitted by law. 3.12 Successors in Interest. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, executors, administrators, successors and assigns. All obligations of Trustor hereunder are joint and several. The term "Beneficiary" shall mean the holder and owner, including pledgees, of the Indebtedness secured hereby, whether or not named as Beneficiary herein. U J