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200808234 bring an action to assert the non-existence of an Event of Default or any other defense of Trustor to acceleration and sale. Beneficiary shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including attorneys' fees, costs of documentary evidence, abstracts and title reports. If Beneficiary invokes the power of sale, Beneficiary or Trustee shall mail copies of the notice of sale to Trustor and to other persons prescribed by applicable law in the manner provided by applicable law. Trustee may sell the Mortgaged Property at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Mortgaged Property to any later time on the same date by public announcement at the time and place of any previously scheduled sale. Beneficiary or Beneficiary's designee may purchase the Mortgaged Property at any sale. Trustee shall deliver to the purchaser at the sale, within a reasonable time after the sale, a deed conveying the Mortgaged Property so sold without any covenant or warranty, express or implied. The recitals in Trustee's deed shall be prima facie evidence of the truth of the statements contained in those recitals. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of the sale, including Trustee's fees in the amount allowed by applicable law, attorneys' fees and costs oftitIe evidence; (b) to the Obligations in such order as Beneficiary, in Beneficiary's discretion, directs; and (c) the excess, ifany, to the person or persons legally entitled to it. Beneficiary shall have the right on one or more occasions to institute one or more actions or proceedings at law or in equity to enforce the rights and remedies of Beneficiary under this Deed of Trust. Trustee hereby lets the Mortgaged Property to Trustor until a sale is held under the foregoing provisions or until the occurrence of an Event of Default, upon the following terms and conditions: Trustor, and all persons claiming or possessing the Mortgaged Property or any part thereofby, through or under Trustor, shall pay rent therefore during said term at the rate of one cent (I t) per month, payable monthly upon demand, and shall surrender immediate peaceable possession ofthe Mortgaged Property and any and every part thereof sold under the foregoing power of sale to the purchaser at such sale, without notice or demand therefore, and shall and will at once, without notice, surrender possession of the Mortgaged Property and every part thereof in the event Beneficiary shall take charge and enter the Mortgaged Property as provided in this Deed of Trust. (b) Release. Upon the Facility Termination Date, Beneficiary shall release the lien of this Deed of Trust. Trustor shall pay Beneficiary's reasonable costs incurred in releasing this Deed of Trust. (c) Further Assurances for Trustee. Trustor shall execute, acknowledge, and deliver, at its sole cost and expense, all further acts, deeds, conveyances, assignments, estoppel certificates, financing statements, transfers and assurances as Trustee may require from time to time in order to better assure, grant, and convey to Trustee the rights intended to be granted, now or in the future, to Trustee under this Deed of Trust. -23-