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85-- 00599
<br />secured hereby, all in such order as Beneficiary may determine. The
<br />entering upon and taking possession of the Trust Estate, the collection of
<br />such rents, issues and profits and the application thereof as aforesaid,
<br />shall not cure or waive any default or notice of default hereunder or
<br />invalidate any act done in response to such default or pursuant to such
<br />notice of default and, notwithstanding the continuance in possession of the
<br />Trust Estate or the collection, receipt and application of rents, issues or
<br />profits, Trustee or Beneficiary shall be entitled to exercise every right
<br />provided for in any of the Loan Instruments of the Trust Estate or the
<br />collection, receipt and application of rents, issues or profits, Trustee or
<br />Beneficiary shall be entitled to exercise every right provided for in any
<br />of the Loan Instruments or by law upon occurrence of any event of default,
<br />including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage,
<br />appoint a receiver, or specifically enforce any of the covenants hereof;
<br />(c) Deliver to Trustee a written declaration of default and demand for
<br />sale, and a written notice of default and election to cause Trustor's
<br />interest in the Trust to be sold, which notice Trustee shall cause to be
<br />duly filed for record in the Official Records of the County in which the
<br />Trust Estate is located.
<br />9. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to fore-
<br />closure by exercise of the power of sale herein contained, Beneficiary
<br />shall notify Trustee and shall deposit with Trustee this Deed of Trust and
<br />the Note and any such receipts and evidence of expenditures made and
<br />secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause
<br />to be recorded, published and delivered to Trustor such Notice of Default
<br />and Election to sell as then required by law and by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, after lapse of such time as may
<br />then be required by law, and after recordation of such Notice of Default
<br />and after Notice of Sale having been given as required by law, sell the
<br />Trust Estate at the time and place of sale fixed by it in such Notice of
<br />Sale, either as a whole, or in separate lots or parcels or items as
<br />Trustees shall deem expedient, and in such order as it may determine, at
<br />public auction to the highest bidder for cash in lawful money of the United
<br />States payable at the time of sale. Trustee shall deliver to such
<br />purchaser or purchasers thereof its good and sufficient deed or deeds
<br />conveying the property so sold, but without any covenant or warranty,
<br />express or implied. The recitals in such deed of any matters or facts
<br />shall be conclusive proof of the truthfulness thereof. Any person,
<br />including, without limitation, Trustor, Trustee or Beneficiary, may
<br />purchase at such sale and Trustor hereby covenants to warrant and defend
<br />the title of such purchaser or purchasers.
<br />(b) After deducting all costs, fees and expenses of the Trustee, not
<br />to exceed Two Thousand Five Hundred ($2,500.00) Dollars and of this Trust,
<br />including costs of evidence of title in connection with sale, Trustee shall
<br />apply the proceeds of sale to payment of: all sums expended under the
<br />terms hereof, not then repaid, with accrued interest at sixteen percent
<br />(16 %) per annum; all other sums then secured hereby and the remainder, if
<br />any, to the person or persons legally entitled thereto.
<br />(c) Trustee may postpone sale of all or any portion of the Trust
<br />Estate by public announcement at such time and place of sale, and from time
<br />to time thereafter may postpone such sale by public announcement at the
<br />time fixed by the preceding postponement or subsequently noticed sale, and
<br />without further notice, except such as may be required by statute, make
<br />such sale at the time fixed by the last postponement, or may, in its
<br />discretion, give a new notice of sale.
<br />10. RFIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce payment and performance of any indebtedness or
<br />obligations secured hereby and to exercise all rights and powers under this
<br />Deed of Trust or under any Loan Instrument or other agreement or any laws
<br />now or hereafter in force, notwithstanding :3ome or all of the such
<br />indebtedness and obligations : 3ecured hereby may now or hereafter he
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