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86-- 107516
<br />virtue hereof. Nevertheless, Trustor, if so requested by Trustee
<br />or Beneficiary, shall ratify and confirm any such sale or sales
<br />by executing and delivering to Trustee or to such purchaser or
<br />purchasers all such instruments as may be advisable in the
<br />judgment of Trustee or Beneficiary, for the purpose as may be
<br />designated in such request. Any such sale or sales made under or
<br />by virtue of this Article III, whether made under the power of
<br />sale herein granted or under or by virtue of judicial proceedings
<br />or of a judgment or decree of foreclosure and sale, shall operate
<br />to divest all of the estate, right, title, interest, claim and
<br />demand whatsoever, whether at law or in equity, of Trustor in and
<br />to the properties and rights so sold, and shall be a perpetual
<br />bar, both at law and in equity, against Trustor and any and all
<br />persons claiming or who may claim the same, or any part thereof,
<br />from, through or under Trustor.
<br />3.07. Waiver by Trustor. Trustor hereby expressly waives
<br />any right which it may have to direct the order in which any of
<br />the Property shall be sold in the event of any sale or sales
<br />pursuant hereto.
<br />3.08. Judgment for Unpaid Sums. (a) Upon the occurrence of
<br />any Event of Default and upon written demand by Beneficiary,
<br />Trustor will pay to Beneficiary the entire principal of the Note
<br />then outstanding, and all accrued but unpaid interest thereon,
<br />and, after the happening of said Event of Default, will also pay
<br />to Beneficiary interest at the Default Rate on the then unpaid
<br />principal of the Note, and the sums required to be paid by
<br />Trustor pursuant to any provision of this Deed of Trust, and in
<br />addition thereto such further amount as shall be sufficient to
<br />cover the costs and expenses of collection, including reasonable
<br />compensation to Trustee and Beneficiary hereunder. In the event
<br />Trustor shall fail forthwith to pay such amounts upon such demand
<br />and to the extent such action is permitted by law, Beneficiary
<br />shall be entitled and empowered to institute such action or
<br />proceedings at law or in equity as may be advised by its counsel
<br />for the collection of sums so due and unpaid, and may prosecute
<br />any such action or proceedings to judgment of final decree, and
<br />enforce any such judgment or final decree against Trustor and
<br />collect, out of the property of Trustor wherever situated, as
<br />well as out of the Property, in any manner provided by law,
<br />moneys adjudged or decreed to be payable.
<br />(b) No recovery of any judgment by Beneficiary and no levy
<br />of an execution under any judgment upon the Property or upon any
<br />other property of Trustor shall affect, in any manner or to any
<br />extent, the lien of this Deed of Trust upon the Property or any
<br />part thereof, or any liens, rights, powers or remedies of Trustee
<br />or Beneficiary hereunder, but such liens, rights, powers and
<br />remedies of Trustee and Beneficiary shall continue unimpaired as
<br />before.
<br />3.09. Application of Proceeds. Unless otherwise provided by
<br />law, the purchase money, proceeds or avails of any sale made
<br />under or by virtue of this Article III, together with all other
<br />sums which may then be held by Trustee or Beneficiary under this
<br />Deed of Trust, whether under the provisions of this Article III,
<br />or otherwise, shall be applied as follows:
<br />FIRST: To the payment of the costs and expenses of the sale,
<br />including reasonable compensation to Trustee and Beneficiary,
<br />their agents and counsel, and of any judicial proceedings wherein
<br />the same may be made and to the payment of all expenses,
<br />liabilities and advances made or incurred by Trustee under this
<br />Deed of Trust, together with interest on all advances made by
<br />Trustee and all taxes or assessments, except any taxes,
<br />assessments or other charges subject to which the Property shall
<br />have been sold, and further including all costs of publishing,
<br />recording, mailing and posting notice, the cost of any search
<br />and /or other evidence of title procured in connection therewith
<br />and the cost of any revenue stamps on any deed of conveyance.
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