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200501885
<br />expressed or implied, except as required by applicable law. The recitals in
<br />the Trustee's Deed shall be prima facie evidence of the truth of the
<br />statements made therein. Except as otherwise required by applicable law,
<br />Trustee shall apply the proceeds of the sale in the following order: (i) to
<br />all costs and expenses of the sale, including, but not limited to, Trustee's
<br />and attorneys' fees actually incurred and costs of title evidence, with
<br />Trustee's fees not to exceed five percent (5 %) of the original balance of
<br />the Note secured by this Deed of Trust; (ii) to all sums secured by this
<br />Deed of Trust in such order as Beneficiary, in Beneficiary's sole
<br />discretion, directs; (iii) to the payment of junior trust deeds, mortgages, or
<br />other lienholders; and (iv) the excess, if any, to the person or persons
<br />legally entitled thereto.
<br />(b) Foreclosure as Mortgage. This Deed of Trust shall be effective as a
<br />mortgage as well as a deed of trust and may be foreclosed as a deed of
<br />trust or a mortgage as to any of the Subject Property in any manner
<br />permitted by the laws of the State in which this Deed of Trust is recorded.
<br />(c) Receiver. In addition to all other remedies herein provided, Beneficiary
<br />shall, as a matter of right, be entitled to an ex parte appointment of a
<br />receiver or receivers without notice, notice being hereby expressly waived,
<br />for all or any part of the Subject Property without regard to the value of
<br />the Property or the solvency of any person or persons liable for the
<br />payment of the Note and Grantor does hereby consent to the appointment
<br />of such receiver or receivers, waives any and all defenses to such
<br />appointment, and agrees not to oppose any application therefor by
<br />Beneficiary, but nothing herein is to be construed to deprive Beneficiary
<br />of any other right, remedy or privilege it may now have under law to have
<br />a receiver appointed; provided, however, that the appointment of such
<br />receiver, trustee, or other appointee by virtue of any court order, statute, or
<br />regulation shall not impair or in any manner prejudice the rights of
<br />Beneficiary to receive payment of the rents and income. Any money
<br />advanced by Beneficiary in connection with any such receivership shall be
<br />a part of the indebtedness secured hereby and shall be payable by Grantor
<br />to Beneficiary as provided in this Deed of Trust. The receiver or its agents
<br />shall be entitled to enter upon and take possession of any and all of the
<br />Subject Property. The receiver, personally or through its agents or
<br />attorneys, may exclude Grantor and its agents, servants, and employees
<br />wholly from the Subject Property, and have, hold, use, operate, manage,
<br />and control the same and each and every part thereof, and keep insured the
<br />properties, equipment, and apparatus provided or required for use in
<br />connection with the business or businesses operated on the Subject
<br />Property and owned or leased by Grantor, and make all such useful
<br />alterations, additions, betterments, and improvements as the receiver may
<br />deem judicious. Such receivership shall, at the option of Beneficiary,
<br />continue until full payment of all sums hereby secured, or until title to the
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