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<br />200809579
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<br />if no such area has been designated, at the area designated in the notice of sale within the counhouse. The
<br />Trustee or its agent shall give notice of the time and place of sale and ofthe property to be sold as required
<br />bylaw.
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<br />UCC Remedies. With respect to all or any part of the Improvements, Lender shall also have all the rights
<br />and remedies of a secured party under the Vnifonn Commercial Code.
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<br />Coiled Rents, As additional security for the payment of the Indebtedness, Grantor hereby absolutely
<br />assigns to Lender all Rents as defined in the Definitions section of this Deed of Trust. Until the occurrence
<br />of an Event of Default, Grantor is granted a license to collect and retain the Rents; however, upon receipt
<br />from Lender of a notice that an Event of Default exists under this Deed of Trust, Lender may tenninate
<br />Grantor's license, and then Lender, as Grantor's agent, may collect the Rents. In addition, ifthe Property is
<br />vacant, Lender may rent or lease the Property. Lender shall not be liable for Its failure to rent the Property,
<br />to collect any Rents. or to exercise diligence in any maner relating to the Rents; Lender shall be
<br />accountable only for Rents actually received. Lender neither has nor assumes any obligation as Icssor or
<br />landlord with respect to any occupant of the Property. Rents so received shall be applied by Lender first to
<br />the remaining unpaid balance of the Indebtedness, in such order or maMer as Lender shall elect, and the
<br />residue, if any, shall be paid to the person or persons legally entitled to the residue.
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<br />Trustee's Powers, Grantor hereby jointly and severally authorizes and empowers Trustee to sell all or any
<br />portion of the Property together or in lots or parcels, as Trustee may deem expedient, and to execute and
<br />deliver to the pW'Chaser or purchasers of such Property good and sufficient deeds of conveyance of fee
<br />simple title, or oflesser estates, and bills of sale and assignments, with covenants of general warranty made
<br />on Grantor's behalf. In no event shall Trustee be required to exhibit, present or display at any such sale any
<br />of the Property to be sold at such sale. The Trustee making such sale shall receive the proceeds of the sale
<br />and shall apply the same as provided below. Payment of the purchase price to Trustee shall satisfy the
<br />liability of the purchaser at any such sale of the Property, and such person shall not be bound to look after
<br />the application of the proceeds.
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<br />Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession ofall or any
<br />part of the Property, with the power to protect and preserve the Property, to operate the Property preceding
<br />foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the
<br />cost oflhe receivership, against the Indebtedness. The receiver may serve without bond ifperrnined by law.
<br />Lender's right to the appointment ofa receiver shall exist whether or not the apparent value of the Property
<br />exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person
<br />from serving as a receiver.
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<br />Tenancy at SulTerance. If Grantor remains in possession of the Property aner the Property Is sold as
<br />provided above or Lender otherwise becomes entitled to possession of the Property upon default of
<br />Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at
<br />Lender's option, either (I) pay a reasonable rental for the use of the Property, (2) vacate the Property
<br />immediately upon the demand of Lender, or (3) if such tenants refuse to surrender possession of the
<br />Property upon demand, the purchaser shall be entitled to institute and maintain the statutory action of
<br />forcible entry and detainer and procure a writ of possession thereunder, and Grantor expressly waives all
<br />damages sustained by reason thereof.
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<br />Sale of the Property, To the extent pennined by applicable law, Grantor hereby waives any and all rights
<br />to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to
<br />sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be
<br />entitled to bid at any public sale on all or any portion of the Property. Trustee may convey all or any part of
<br />the Property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens
<br />and to other exceptions to conveyance and warranty. Grantor waives all requirements of appraisement, if
<br />any. Recitals and statements offact in any notice or in any conveyance to the purchaser or purchasers of the
<br />Property in any foreclosure sale under this Deed of Trust shall be prima facie evidence of the truth of such
<br />facts, and all prerequisites and requirements necessary to the validity of any such sale shall be presumed to
<br />have been perfonned. Any sale under the powers granted by this Deed of Trust shall be a perpetual bar
<br />against Grantor, Grantor's heirs, successors, assigns and legal representatives.
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<br />Proceeds, Trustee shall pay the proceeds of any sale of the Property (a) first, to the expenses of foreclosure,
<br />including reasonable fees or charges paid to the Trustee, including but not limited to fees for enforcing the
<br />lien, posting for sale, selling, or releasing the Property, (b) then to Lender the full amount of the
<br />Indebtedness, (c) then to any amount required by law to be paid before payment to Grantor, and (d) the
<br />balance, ifany, to Grantor.
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<br />Attorneys' Fees; Eltpenses. If Lender institutes any suitor action to enforce any of the tenns of this Deed
<br />of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as Lender's
<br />attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the exlent
<br />not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary al any
<br />time for the protection of its interest or the enforcement of its rights shall become a part ofthe Indebtedness
<br />payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid.
<br />Expenses covered by this paragraph include, without limitation, however subject to any limits under
<br />applicable law, Lender's reasonable anomeys' fees and Lender's legal expenses, whether or not there Is a
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