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83_ 005437 r (c) Deliver to Trustee a written declaration of default an::! deman::! for sale, a written notice of default an::! election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate Official Records of the County in which the Trust Estate is located. 11. FORECWSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee an::! shall deposit with Trustee this Deed of Trust and the Note an::! such receipts an:! evidence of expen::!itures made an::! secured hereby as Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published an:! delivered to Trustor such Notice of Default and Notice of Sale as then required by law an::! by 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 Trust Estate at the time an::! 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 purCJaser or purchasers thereof its gocd 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 matters or facts shall be conclusive proof of the truthful- ness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant an::! defen::! the title of such purchaser or purchasers. (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee an::! of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expen::!ed u1der the tenus hereof, not then repaid, with accrued interes t at fourteen percent (14/0) per annum, (ii) all other sums then secured hereby, and (iii) the remain::!er, if any, to the person or persons legally entitled thereto. (c) Trustee may in the manner provided by law, postpone sale of all or any portion of the TnlSt Estate. 12. REMEDIES NOT EXCillSlVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment an::! perfonnance of any indebtedness or obligations secured hereby an::! to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws nOloJ or hereafter in force, notwithstan::!ing sane or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by I1Drtgage, deed of trust, pledge, lien, assignment, or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by TnlStee or Beneficiary, it being agreed that Trustee an::! Beneficiary, an::! each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order an::! manner as they or either of them may in -4- u L --1 L