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83- p00~5~ <br />-4- <br />11. FORECLOSURE BY POWER OF SALE. Should Benficiary elect to <br />foreclose by exercise of the Power of Sale herein contained, Bene- <br />ficiary shall notify Trustee and shall deposit with Trustee this <br />Deed of Trust and the Note and such receipts and evidence of expend- <br />itures made and secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall <br />cause to be recorded, published and deliver to Trustor such Notice <br />of Default and Notice of Sale as then required by law and by this <br />Deed of Trust. Trustee shall, without demand on Trustor, after such <br />time as may then be required by law and after recordation of such <br />Notice of Default and after Notice of Sale having been given as re- <br />quired by law, sell the Trust Estate at the time and place of sale <br />fixed by it in such Notice of Sale, either as a whole,or in separate <br />lots or parcels or items as Trustee shall deem expedient, and in <br />such order as it may determine, at public auction to the highest <br />bidder for cash in Lawful money of the United States payable at the <br />time of sale. Trustee shall deliver to such purchaser or purchasers <br />thereof its good and sufficient deed or deeds conveying the property <br />so sold, but without any covenant or warranty, express or implied. <br />The recitals in such deed of any matters or facts shall be con- <br />clusive proof of the truthfulness thereof. Any person, including, <br />without limitation, Trustor, Trustee, and Beneficiary, may purchase <br />at such sale and 'i'rustor hereby covenants to warrant and defend bhe <br />title of such purchaser or purchasers. <br />(b) As may be permitted by law, after deducting all costs, <br />fees, expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the <br />proceeds of sale to payment of (i) all sums expended under the terms <br />hereof, not then repaid, with accrued interest at 10 percent <br />per annum, (ii) all other sums then secured hereby, and iii) the <br />remainder, if any, to the person or persons legally entitled thereto. <br />(c) Trustee, may in the manner provided by law, postpone sale <br />of all or any portion of the -i'rustee Estate. <br />12. REi•IEDIES NOT EXCLUSIVE. Trustee anti Beneficiary,and each <br />of them, shall e entitled to enforce payment and performance of <br />any indebtedness or obligations secured hereby and to exercise a11. <br />rights and powers under this Deed of Tr-ust or under any Loan Instru- <br />ment or other agreement or any laws nota or hereafter in force, not- <br />withstanding some or all of the such indebtedness and abligat:i.ons <br />secured hereby may now or hereafter be otherwise secured, whether <br />b_y mortgage, deed of trust, pledge, lien, assignment or otherwise. <br />Neither the acceptance of this I3ced of TrusC nor. its enforcement, <br />whether by court action or pursuant to the power of sale or oth<ar <br />powers herein contained, shall prejudice or in any manner afft~ct <br />Trustee's yr Beneficiary's right to reali.e upon or enforce any <br />other security now or hereafter held by Trustee or Beneficiary, it <br />being agreed that Trustee and Beneficiary, and each of them, shall <br />be entitled to enforce this Deed of Trust and any other security now <br />or hereafter held by Beneficiary or 'Trustee in such order grid manner <br />as they or either of them may in their absolute discretion deter- <br />mipe. No remedy herein conferred upon or reserved to Trustee or <br />Beneficiary is intended to be exclusive of any other remedy herein <br />ar by law provided or permitted, but each shall be cumulative and <br />shall be in addition to every other remedy given hereunder or now <br />or hereafter existing at law or in equity or by statute. Every <br />powt:r or remedy given by any of the Loan InstrLUnents to 'Trustee or <br />Beneficiary or to which either of them may be otherwise entitled, <br />may be exorcised, concurrently or independently, from time Co time, <br />and as often as flay be deemed expedient by "Trustee <ar Benefi.ci:~ry <br />and either of them may puYsue inconsistent remedies. Nothing herein <br />shall be construed as prohibiting Beneficiary from seeking a dei:i- <br />ciency judgment against the Trustor to the extend such action i.s <br />permitted by law. <br />13 F2I;t~UEST F'Oit NCSTiGE. ".Trustor hereby requests a Dopy o£ G~ztq <br />crtcttfee cs~ c~~~€~u~t, aai~ that arty not~t^~*. of ~:aLrr h~rrune9or be traF.ti lF~c9 <br />tct it alt the addres$ set forth in Cltt first parvgrapn of tlti;> 1)c`ec.l <br />of "~urst. <br />