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<br />83- 11 0 5326
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<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.
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<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 recordat,ion 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 limitatio~ Trustor, Trustee, and Beneficiary, may purchase
<br />at such sale and Trustor hereby covenants to warrant and defend bhe
<br />title of such purchaser or purchasers.
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<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 16 percent
<br />per annum, (it) all other sums then secured hereby, and (ui) the
<br />remainder, if any, to the person or persons legally entitled thereto.
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<br />(c) Trustee, may in the manner provided by law, postpone sale
<br />of all or any portion of the Trustee Estate.
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<br />12. REt,lEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each
<br />of them, shall be entitled to enforce payment and performance of
<br />any indebtedness or obligations secured hereby and to exercise all
<br />rights and powers under this Deed of Trust or under any Loan Instru-
<br />ment or other agreement or any laws nm. or hereafter in force, not-
<br />withstanding some or all of the such indebtedness and obligatLow,;
<br />secured hereby may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise,
<br />Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or nth'"l'
<br />powers herein contained, shall prejudice or in any manner aff('ct
<br />Trustee's or Beneficiary's right to realize upon or €mforc" ail"
<br />other security now or hereafter held by Trustee or Beneficia,-y. j,
<br />being agreed that Trustee and Beneficiary, and each of them, cdl!] L I
<br />be entitled to enforce this Deed of Trust and any other security now
<br />or hereafter held by Beneficiary or Trustee in sLlch oreler ilnd manner
<br />as they or either of them may in their absolute discretion c1,'tpr-
<br />mine. No remedy herein conferred upon or reserved to Trustee or
<br />Beneficiary is intended to be exclusive of any other remedy herein
<br />or by law provided or permitted, but each shall be cumulative and
<br />shall be in addition to every other remedy given hereunder or 110\'
<br />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,
<br />may be exercised, concurrently or i.ndependently, from time to tIme,
<br />and as often as may be deemed expedient by Trustee or 13enefici:lrv
<br />and either of them may pursue inconsistent remedies. Nothing h'"ncin
<br />shall be construed as prohibiting Beneficiary from seeking 11 defi-
<br />Ciel\cy judgment against the Trustor to the extend such action is
<br />permitted by law.
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<br />13.. R€~UEST FOR NOTICE. Trustor hereby requests a copy of any
<br />notice 0 default, and that any notice of sale hereunder be mailed
<br />to it at the address set forth in the first paragraph of this Deed
<br />of Turst.
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