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~ ; <br />200904431 <br />is expressly agreed that a deficiency judgment may be obtained in either event in favor of the <br />legal owner of the rights and interests granted by the Indemnity Agreement against Trustors, <br />should there not be sufficient money realized from the sale of said property to pay the amount <br />due Surety under the Indemnity Agreement, together with the casts and charges and interest <br />thereon as provided herein. In addition to the rights provided for herein, and in no way limiting <br />those rights, Beneficiary may, upon default and failure to cure on behalf of the Trustors as <br />provided herein, cause Trustee, original or successor, to immediately enter into and upon, all and <br />singular, the Real Property, and without process of .law, to take possession of or to let said <br />premises, and to sell and dispose of the same, or any part thereof. <br />11. FORBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any <br />forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise <br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or <br />remedy. Likewise, the waiver by Beneficiary or Trustee of any default of Trustors under this <br />Trust Deed shall not be deemed to be a waiver of any other ar similar defaults subsequently <br />occurring. <br />12. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the <br />Trustor or any other person liable for the payment of any obligation herein mentioned, and <br />without affecting the lien or charge of this Trust Deed upon any portion of the Property, <br />Beneficiary rnay, from time to time and without notice at the request of one or more Trustors (i) <br />release any person liable, (ii) extend or renew the maturity or alter any of the terms of any such <br />obligations, (iii) grant other indulgences, (iv) release or reconvey or cause to be released or <br />reconveyed at any time at Beneficiary's option any parcel or all of the Property, (v) take or <br />release any other or additional security for any obligation herein mentioned, (vi) make <br />settlements or other arrangements with Trustors in relation thereto. All Trustors shall be jointly <br />and severally obligated and bound by the actions of the Beneficiary or any one or more Trustors <br />as stated in this paragraph. <br />13. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon <br />payment by Trustors of Trustee's fees, Trustee shall reconvey to Trustors, or the person or <br />persons legally entitled thereto, without warranty, any portion of the Property then held <br />hereunder. Recitals in such reconveyance of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. The grantee in any reconveyance may be described as "the person or <br />persons legally entitled thereto." It is expressly agreed that, to properly protect the Surety and <br />any assignees or successors in interest, the Indemnity Agreement shall be retained by Surety or <br />its assignee and that the Trustee hereunder shall not reconvey the property or release this trust <br />unless and until the Indemnity Agreement herein referred to and presented to the Trustee has <br />been legally cancelled by the Surety or its successor in interest. <br />14. NOTICES. Except for notices, demands, requests or other communications required <br />under applicable law to be given in another manner, whenever Beneficiary, Trustors, or Trustee <br />gives or serves any notice (including, without limitation, notice of default and notice of sale), <br />demands, requests or other communication with respect to this Trust Deed, each such notice, <br />demand, request or other communication shall be in writing and shall be effective only if the <br />same is delivered by personal service or is mailed by certified mail, postage prepaid, addressed <br />to the address as set forth at the beginning of this Trust Deed. Any party may at any time change <br />its address for such notices by delivering or mailing to the other party hereto, as aforesaid, a <br />5 <br />