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<br />84 - 005508
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<br />public or private as Beneficiary may elect, subject to the provisions of the
<br />Uniform Commercial Code of the Governing Jurisdiction. Beneficiary shall
<br />have all of the rights and remedias of a Secured Party under the Uniform
<br />Commercial Code of the Governing Jurisdiction. Expenses of rehkfng, hold-
<br />ing, preparing for sale, selling or the like shall L-lclude Beneficiary's rea;,...
<br />sonable attorneys' fees and legal expenses, and upon such default. Trustor,
<br />upon dema.l1Q of Beneficiary, shall assemble 8uch Property and make it avm1-
<br />able to Beneficiary at the Premises, a place which is hereby deemed.. ~n-
<br />ably convenient to Beneficiary and Trustor. Beneficiary shall give Trustor,at
<br />least ten (10) days' prior written notice of the time and place of any plJblic.
<br />sale or other disposition of such Property or of the time at or after which
<br />any private sale or any other intended disposition is to be made. and if suCh'
<br />notice is sent to Trustor, in the manner provided for the m~g of notices
<br />herein, it shall constitute reasonable notice to Trustor. Out af the proceeds
<br />of any sale, the Beneficiary may retain an amount equal to. the principal and
<br />interest then due on the Nate, plus the amount af the expensesaf the' sal&,
<br />and shall pay any balance of such proceeds to the Trustar. In the event'
<br />that the proceeds of any sale are insufficient to cover the principal and
<br />interest of the Note plus expenses of the sale. the Trustor shall remain liable
<br />to the Beneficiary for any deficiency.
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<br />3.06. Execute Documents. Upon the completion of any sale or sales
<br />made by Trustee or Beneficiary, as the case may be, under or by virtue of
<br />this Article III, Trustee or any officer of any court empowered to do so,
<br />shall execute and deliver to the accept.::..: 1urchaser or purchasers a good and
<br />sufficient instrument, or good and ",T Dient instr'c.anents, conveying. assign-
<br />ing and transferring a112state, rib"" title and interest in and to. the Pro-
<br />perty and rights sold. Trustee is hereby irrevacably appointed the true and
<br />lawful attarney-in-fact of Trustor in its name and stead to make all necessary
<br />conveyat1Ces, assignments, transfers and deliveries of the Property 0.1' any
<br />part thereof and the rights so sold and for that purpose Trustee may execute
<br />all necessary instruments of conveyance, assignment and transfer, and may
<br />substitute one or more persans with like power, Trustor hereby ratifying and
<br />confirming all that its said attorney or any substitute or substitutes shall
<br />lawfully do by virtue hereof. Nevertheless, Trustor, if so requested by
<br />Trustee or Beneficiary, shall ratify and confirm any such sale or sales by
<br />executing and delivering to Trustee or to such purchaser or purchasers all
<br />such instruments as may be advisable in the judgment of Trustee or Bene-
<br />ficiary, for the purpose as may be designated in such request. Any such
<br />sale or sales made under or by virtue of this Article III, whether made under
<br />the power of sale herein granted or under or by virtue of judicial pro-
<br />ceedings or of a judgment or decree of foreclosure and sale, shall operate to
<br />divest all of the estate, riltht. title. interest, claim and demand whatsoever,
<br />whether at law or in equity, of Tr~stor in and to the properties and rights
<br />so sold, and shall be a perpetual bar, both at law and in equity, against
<br />Trustor and any and all persons claiming or who may claim the same, or any
<br />part thereof, frOID, through or under Trustor.
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<br />3.07. Waiver by Trustor. Trustor hereby expressly waives any right
<br />which it may have to direct the order in which any of the Property shall be
<br />sold in the event of any sale or sales pursuant hereto.
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<br />3.08. Judgment for Unpaid Sums. (a) Upon the occurrence of any
<br />Event of Default and upon written demand by Bene:i1ciary, Trustor will pay to
<br />Beneficiary the entire principal of the Note then outstanding, and all accrued
<br />but unpaid interest thereon, and, after the happening of said Event of
<br />Default. will also pay to Beneficiary interest at the Default Rate on the then
<br />unpaid principal of the Note, and the sums required to be paid by Trustor
<br />pursuant to any provision of this Deed of Trust. and in addition thereto such
<br />further amount as shall be sufficient to cover the costs and expenses of
<br />collection, including reasonable compensation to Trustee and Beneficiary
<br />hereunder. In the event Trustor shall fail forthwith to pay such amounts
<br />upon such demand and to the extent such action is permitted by law, Benefi-
<br />ciary shall be entitled and empowered to institute such action or proceedings
<br />at law or in equity as may be advised by its counsel for the collection of
<br />sums so due and unpaid, and may prosecute any such actian or proceedings
<br />to judgment of final decree, and enforce a..."1Y such judgment 01' final decree
<br />against Trustor and collect. out of the property of Trustor wherever situ-
<br />ated, as well as out of the Property. in any manner provided by law, moneys
<br />adjudged or decreed to be payable.
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