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200808234 required by law and this Deed of Trust. Trustee shall. without demand on Trustor. after such time as may then be required by law and after recordation of such notice of default and after notice of sale having been given as required by law. sell the Mortgaged Property at the time and place of sale fixed by it in such notice of sale. either as a whole. or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty. express or implied. The recitals in such deed of any matter or facts shall be conclusive proof of the truthfulness thereof. Any person, including. without limitation, Trustor, Trustee and Beneficiary. may purchase at such sale and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers; (b) to sell the Mortgaged Property and all estate, right, title and interest of Trustor therein as a whole or in separate parcels, at one or more sales, at such time and place and upon such terms and conditions as may be required by applicable law; (c) to take such steps to protect and enforce rights, whether by action, suit or proceeding in equity or at law, for the specific performance of any provision in the Loan Documents, or in aid of the execution of any power herein granted. or for any foreclosure hereunder. or for the enforcement of any other appropriate legal or equitable remedy Beneficiary shall elect; (d) to apply for the appointment of a receiver. supervisor. trustee, liquidator, conservator or other custodian (a "Receiver") of the Mortgaged Property or any part thereof and all earnings, revenues, Rents, issues. profits and income thereof, to the extent permitted by law without giving notice to any other party and without regard to the adequacy or inadequacy ofthe security of the Mortgaged Property or the solvency of either Trustor or any other Person and Trustor agrees that it shall not oppose the appointment of a Receiver; and ( e) to take all such other steps and to assert all such other rights and remedies as shall be permitted by applicable law. The purchase money, proceeds or avails of any foreclosure or sale after default and any other sums which then may be held by Beneficiary under this Deed of Trust shall be applied as provided in Section 5.09 hereof. SECTION 5.06. No Liability on Beneficiarv. Notwithstanding anything contained herein, this Deed of Trust is only intended as security for the Obligations and Beneficiary shall not be obligated to perform or discharge, and Beneficiary need not perform or discharge, any obligation, duty or liability of Trustor wi th respect to any of the Mortgaged Property. Beneficiary shall not have responsibility for the control, care, management or repair of the Premises nor shall Beneficiary be responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Mortgaged Property resulting in loss or injury or death to any licensee, employee, tenant or stranger. No liability shall be enforced or asserted against Beneficiary in its exercise of the powers herein granted to it. and Trustor expressly waives and releases any such liability. Should Beneficiary or any Person exercising rights on its behalf incur any such liability, loss or damage, under or by reason hereof, or in the defense of any claims or demands, Trustor agrees to reimburse Beneficiary and such Person, immediately upon demand (provided such demand is accompanied by an itemized -15-