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005992 <br />otherwise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor <br />its enforcement whether by court action or pursuant to the power of sale or <br />other powers herein contained, shall prejudice or in any manner affect <br />Trustee's or Beneficiary's right to realize upon or enforce any other <br />security now or hereafter held by Trustee or Beneficiary, it being agreed <br />that Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce this Deed of Trust and any other security now or hereafter held by <br />Beneficiary or Trustee in such order and manner as they or either of them <br />may in their absolute discretion determine. No remedy herein conferred <br />upon or reserved to Trustee or Beneficiary is intended to be exclusive of <br />any other remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hereunder <br />or now 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, may be <br />exercised, concurrently or independently, from time to time and as often as <br />may be deemed expedient by Trustee or Beneficiary and either of them may <br />pursue inconsistent remedies. Nothing herein shall be construed as <br />prohibiting Beneficiary from seeking a defi.;iency judgment against the <br />Trustor to the extent such action is permitted by law. <br />11. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice <br />of default and that any notice of sale hereunder be mailed to it at the <br />address set forth in the first paragraph of this Deed of.Trust. <br />12. RECONYEYANCE BY TRUSTEE. Upon written request of Beneficiary <br />stating that all sums secured hereby have been paid, and upon surrender of <br />this deed of trust and the Note to Trustee for cancellation and retention <br />and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to <br />Trustor, or the person or persons legally entitled thereto, without <br />warranty, any portion of the Trust Estate than held hereunder. The <br />recitals in such reconveyance of any matters or facts shall be conclusive <br />proof of the truthfulness thereof. The grantee in any reconveyance may be <br />described as "the person or persons legally entitled thereto". <br />13. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to <br />give or serve any notice, demand, request or other communication with <br />respect to this Deed of Trust, each such notice demand, request or other <br />communication shall be in writing and shall be effective only if the same <br />is delivered by personal service or mailed by certified mail, postage <br />prepaid, return receipt requested, addressed to the address set forth at <br />the beginning of this Deed of Trust. Any party may at any time change its <br />address for such notices by delivering or mailing to the other parties <br />hereto, as aforesaid, a notice of such orange. <br />14. ACCEPTANCE-BY-TRUSTEE. Trustee acc..pts this Trust when this Deed <br />of Trust, duly executed and acknowledged, is made a public record as <br />provided by law and hereby covenants faithfully to perform the duties of <br />the Trustee herein created. <br />15. SENT DOMAIN. Should the Trust Estate, or any part thereof or <br />interest therein, be taken or damaged by reason of any public improvement <br />or condemnation proceeding, or in any other manner including deed in lieu <br />of Condemnation ( "Condemnation "), or should Trustor receive any notice or <br />other information regarding such proceeding, Trustor shall give prompt <br />written notice thereof to Beneficiary. Beneficiary shall be entitled to <br />all compensation, awards and other payments or relief therefor, and shall <br />be entitled at its option to commence, appear in and prosecute in its own <br />name any action or proceedings. Beneficiary shall also be entitled to make <br />any compromise or settlement in connection with such taking or damage. All <br />such compensation, awards, damages, rights of action and proceeds awarded <br />to Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor <br />agrees to execute such further assignments of the Proceeds as Beneficiary <br />or Trustee may require. <br />L <br />