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<br />proceeds of any foreclosure sale shall be applied first, to payment of all Secured Obligations (including
<br />without limitation, all sums expended by Beneficiary under the terms hereof and not then repaid, with
<br />accrued interest at the highest rate per annum payable under any Secured Obligation), in such order
<br />and amounts as Beneficiary in its sole discretion shall determine; and the remainder, if any, to the
<br />person or persons legally entitled thereto.
<br />5.4 c9RAllG~tion of .Q~.ums. All Rents or other sums received by Beneficiary or any agent or receiver
<br />hereunder, less all costs and expenses incurred by Beneficiary or such agent or receiver, including
<br />reasonable attorneys' fees, shall be applied to payment of the Secured Obligations in such order as
<br />Beneficiary shall determine in its sole discretion; provided however, that Beneficiary shall have no
<br />liability for funds not actually received by Beneficiary.
<br />5.5 No Cure or Waiver. Neither Beneficiary's, Trustee's or any receiver's entry upon and taking
<br />possession of the Real Property, nor any collection of Rents, insurance proceeds, condemnation
<br />proceeds or damages, other security or proceeds of other security, or other sums, nor the application of
<br />any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by
<br />Beneficiary, Trustee or any receiver shall impair the status of the security of this Deed of Trust, or cure
<br />or waive any breach, Default or notice of default under this Deed of Trust, or nullify the effect of any
<br />notice of default or sale (unless all Secured Obligations and any other sums then due hereunder have
<br />been paid in full and Trustor has cured all other Defaults), or prejudice Beneficiary or Trustee in the
<br />exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease
<br />or option of the Real Property or a subordination of the lien of this Deed of Trust.
<br />5.6 Costs. Expenses and Attorneys' Fees. Trustor agrees to pay to Beneficiary immediately upon
<br />demand the full amount of all payments, advances, charges, costs and expenses, including court costs
<br />and reasonable attorneys' fees (to include outside counsel fees and all allocated costs of Beneficiary's
<br />in-house counsel), expended or incurred by Trustee or Beneficiary pursuant to this Article V, whether
<br />incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the
<br />foregoing incurred in connection with any bankruptcy proceeding (including without limitation, any
<br />adversary proceeding; contested matter or motion brought by Beneficiary or any other person) relating
<br />to Trustor or in any way affecting any of the Real Property or Beneficiary's ability to exercise any of its
<br />rights or remedies with respect thereto. All of the foregoing shall be paid by Trustor with interest from the
<br />date of demand until paid in full at the highest rate per annum payable under any Secured Obligation.
<br />5.7 Power to File Notices and Cure Defaults. Trustor hereby irrevocably appoints Beneficiary and its
<br />successors and assigns as Trustor's true attorney-in-fact to perform any of the following powers, which
<br />agency is coupled with an interest: (a) to execute and/or record any notices of completion, cessation of
<br />labor, or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest; and (b)
<br />upon the occurrence of any event, act or omission which with the giving of notice or the passage of time,
<br />ar bath, would constitute a Default, to perform any obligation of Trustor hereunder; provided however,
<br />that Beneficiary, as such attorney-in-fact, shall only be accountable for such funds as are actually
<br />received by Beneficiary, and Beneficiary shall not be liable to Trustor or any other person ar entity for
<br />any failure to act under this Section.
<br />5.8 Remedies Cumulative; No Waiver. All rights, powers and remedies of Beneficiary and Trustee
<br />hereunder are cumulative and are in addition to all rights, powers and remedies provided by law or in
<br />any other agreements between Trustor and Beneficiary. No delay, failure or discontinuance of
<br />Beneficiary in exercising any right, power or remedy hereunder shall affect or operate as a waiver of
<br />Such right, power or remedy; nor shall any single or partial exercise of any such right, power or remedy
<br />preclude, waive or otherwise affect any other or further exercise thereof or the exercise of any other
<br />DeedOtTrust-NE Job 1712907949-1129797866 Loan Vers.4 09/16/2009 Page 14 of 19
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