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84- 005508 r I (b) No recovery of any judgment by Beneficiary and no levy of an execution under any judgment upon the Property or upon any other property oi Trustor shall affect, in any manner or to any extent, the lien of this Deed of Trust upon the Property or any part thereof, or any liens, ri/Shts, powers Oi' remedies of Trustee or Beneficiary hereunder, but such liens, rights, powers and remedies of Trustee and Beneficiary shall continue unimpaired as before. 3.09. Application of Proceeds. Unless otherwise provided by law, the purchase money, proceeds or avails of any sale made under or by virtu~of this Article III, together with all other sums which may then be held by Trustee or Beneficiary under this Deed of Trust, whether under the provi..; sions of this Article III, or otherwise, shall be applied as follows: FIRST: To the payment of the costs and expenses .of the sme, including reasonable compensation to Trustee and Beneficiary, their agents and counsel, and of any judicial proceedings wherein the same may be made and to the payment of all expenses, liabilities and advances made or incurred by Trustee under this Deed of Trust, together, with interest on all advances made by Trustee and all taxes or assessments, except any taxes, assessments or other charges subject to which the Property shall have been sold, and further including all costs of pub- lishing , recording, mailing and posting notice, the cost of anysesrch and/or other evidence of title procured in connection therewith and the cost of any revenue stamps on any ~'1ed of conveyance. SECOND: To tl1e payme!" (l!' any and all sums expended under the terms hereof, not then repaid, with accrued interest and all other sums required to be paid by Trustor pursuant to any provisions of this Deed of Trust or of the Note, including all expenses, liabilities and advances made or incurred by Beneficiary under this Deed of Trust or it'l con- nection with the enforcement hereof, together with interest on all ad- vances. THIRD: To the payment of the principal and interest then due, owing and unpaid upon the Note, with interest on the unpaid principal from the due date of any such payment of principal until the same is paid. FOURTH: The remainder. if any, to the person or persons legally entitled thereto. 3.10. Remedies Not Exclusive. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided. but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter exist- in!!: at law or in eQuity or bv statute. No delay or omission of Trustee or Beneficiary in exercising any right or power accruing upon any Event of Default shall impair any right or power or shall be construed to be a waiver of any Event of Default or any acquiescence therein; and every power and remedy given by this Deed of Trust to Trustee or Beneficiary may be exer- cised from time to time as often as may be deemed expedient by Trustee or Beneficiary. If there exists additional security for the performance of the obligations secured her-eby, the holder of the Note, at its sole option, and without limiting or affecting any of the rights or remedies hereunder, may exercise any of the rights and remedies to which it may be entitled hereunder either concurrently with whatever rights it may have in connection with such other security or in such order as it may determine. Nothing in this Deed of '1'rust or in connection with such other security or in such order as it may determine. Nothing in this Deed of Trust or in the Note shall affect the obligation of Trustor to pay the principal of, and interest on, the Note in the ma..rmer and at the time and place therein respectively expressed. L 3.11. Vacation and Surrender of Property. Upon the occurrence of any Event of Default and pending the exercise by Trustee or Beneficiary or their agents or attorneys of their right to exclude Trustor from all or any part of the Property ~ Trustor agrees to vacate and surrender possession of the Property to Trustee or Beneficiary, as the case may be. or to a receiver, if any, and in default thereof may be evicted by any summary action or pro- ceeding for the recovery of possession of leased premises for non-payment of rent, however designated. -15-