|
2oo9o4s2s
<br />then be required bylaw and after recording such Notice of Default and after Notice of Sale
<br />having been given as required by law, sell the Trust Estate at the time and place of sale fixed by
<br />it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall
<br />deem expedient, and in such order as it may determine, at public auction to the highest bidder for
<br />cash, in lawful money of the United States, payable at the time of sale. Trustee shall deliver to
<br />such purchaser or purchasers thereof, its good and sufficient deed ar deeds, conveying the
<br />property so sold, but without any covenant or warranty, express or implied. The recitals in such
<br />deed of any matters or facts shall be inclusive proof of the truthfulness thereof. Any person,
<br />including, without limitation, Truster, Trustee, and Beneficiary, may purchase at such sale, and
<br />Truster hereby covenants to warrant and defend the title of such purchaser or purchasers.
<br />(b) As maybe permitted bylaw, after deducting all costs, fees, expenses of Trustee
<br />and of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply
<br />the proceeds of sale to payment of (I) all sums expended under the terms hereof, rat then repaid,
<br />with accrued interest at ten (12%) percent per annum, (ii) all other sums then secured hereby,
<br />and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may, in the manner provided bylaw, postpone sale of all or any portion
<br />of the Trust Estate.
<br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce payment and performance of any indebtedness ar obligations secured
<br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan
<br />Instrument or other agreement or any laws raw or hereafter in force, notwithstanding some or all
<br />of the such indebtedness and obligations secured hereby may now ar hereafter be otherwise
<br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br />acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the
<br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's
<br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce this Deed of Trust and any other security raw or hereafter held by Beneficiary
<br />or Trustee, in such order and manner as they or either of them may in their absolute discretion
<br />determine. No remedy herein conferred upon or reserves to Trustee or Beneficiary is intended to
<br />be exclusive of any other remedy herein or bylaw provided or permitted, but each shall be
<br />cumulative and shall be in addirion to every other remedy given hereunder or now or hereafter
<br />existing at law or in equity or by Statute. Every power or remedy given by any of the Loan
<br />Instruments to Trustee or Beneficiary or to which either of them maybe otherwise entitled, may
<br />be exercised, concurrently or independently, from time to time, and as often as maybe deemed
<br />expedient by Trustee or Beneficiary; and either of them may pursue inconsistent remedies.
<br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment
<br />against the Trustor to the extent such action is permitted by law.
<br />12. REQUEST FUR NOTICE. Truster hereby requests a copy of any notice of
<br />default, and that any notice of sale hereunder be mailed to her at the address set Earth in the first
<br />paragraph of this Deed of Trust.
<br />-4-
<br />
|