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20o9o42ss <br />powers granted by this Deed of Trust shall be a perpetual bar against Grantor, Grantor's <br />heirs, successors, assigns and legal representatives. <br />Proceeds. Trustee shall pay the proceeds of any sale of the Property (a) first, to the expenses <br />of foreclosure, including reasonable fees or charges paid to the Trustee, including but not <br />limited to fees far enforcing the lien, posting for sale, selling, or releasing the Property, (b) <br />then to Lender the full amount of the Indebtedness, (c) then to any amount required by law to <br />be paid before payment to Grantor, and (d) the balance, if any, to Grantor. <br />Attorneys' Fees; Expenses. If Lender institutes any suitor action to enforce any of the terms <br />of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge <br />reasonable as Lender's attorneys' fees at trial and upon any appeal. Whether or not any court <br />action is involved, and to the extent not prohibited by law, all reasonable expenses Lender <br />incurs that in Lender's opinion are necessary at any time for the protection of its interest or <br />the enforcement of its rights shall become a part ofthe Indebtedness payable on demand and <br />shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses <br />covered by this paragraph include, without limitation, however subject to any limits under <br />applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or <br />not there is a lawsuit, including Lender's reasonable attorneys' fees and expenses for <br />bankruptcy proceedings (including efforts to modify or vacate any automatic stay ar <br />injunction), appeals, and any anticipated post judgment collection services, the cost of <br />searching records, obtaining title reports (including foreclosure reports), surveyors' reports, <br />and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by <br />applicable law. Grantor also will pay any court costs, in addition to all other sums provided <br />by law. In the event of foreclosure of this Deed of Trust, Lender shall be entitled to recover <br />from Grantor Lender's reasonable attorneys' fees and actual disbursements that Lender <br />necessarily incurs in pursuing such foreclosure. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers <br />and obligations of Trustee are part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee <br />shall have the power to take the following actions with respect to the Property upon the <br />written request of Lender and Grantor: (a) jain in preparing and filing a map or plat of the <br />Property, including the dedication of streets or other rights to the public; (b) join in granting <br />any easement or treating any restriction on the Property; and (c) join in any subordination ar <br />other agreement affecting this Deed of Trust or the interest of Lender under this Deed of <br />Trust. <br />Obligations to Notify. Trustee shall not be obligated to notify any other lienhalder of the <br />Property of the commencement of a foreclosure proceeding or of the commencement of any <br />other action to which Lender may avail itself as a remedy, except to the extent required by <br />applicable law or by written agreement. <br />Trustee. In addition to the rights and remedies set forth above, with respect to all or any part <br />of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender <br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and <br />to the full extent provided by applicable law. <br />Substitute Trustee. Lender, at Lender's option, from time to time, and more than once, may <br />appoint in writing a successor ar substitute trustee, with or without cause, including the <br />resignation, absence, death, inability, refusal or failure to act of the Trustee. The successar or <br />substitute trustee may be appointed without ever requiring the resignation of the former <br />trustee and without any formality except for the execution and acknowledgment of the <br />appointment by the beneficiary of this Deed of Trust. The successor or substitute trustee shall <br />then succeed to all rights, obligations, and duties of the Trustee. This appointment may be <br />made on Lender's behalf by any authorized officer of Lender. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation <br />s <br />