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<br />indebtedness secured heretry,all in such order as Beneficiary may determine. The entering upon and taking
<br />possession of the Trust Estatc, the collection of such rents, issues and profess and the application thereof as
<br />aforesatd, shall not cure or waive any default or notice of default hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession
<br />of the Trust Estate or the collection, reseip? 2nd applicatianvf reefs, issues or profits, Trustee or Beneficiary
<br />shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of
<br />any event of default, including the right to exercise the power of sale;
<br />(ii) Commence an ac?ion to foreclose this Deed of Trus? as a mortgagq appoint a receiver, or specifically,
<br />enforce any of the covenants hereof;
<br />(iii) Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code,
<br />including, bu[ not limited to:
<br />{]) Either personalty or by meansof secure appointed receiver, take possession of all or any of the Personal
<br />Property and exclude therefrom Trustor and all others claiming under Trustor, and thereafter hold, store, use,
<br />operate, manage, maintain and control, make repairs, replacements, alterations, additions and improvements to -
<br />andexercise all rights and powers of Trustor in respect to the Personal Property or any-part thereof. In the even[
<br />Beneftciary demands or at[empts to take possession of the Personal Property in the exercise of any rights under -
<br />any of the Loan Instruments. Trustor promises and agrees to promptly turn over and deliver complete possession
<br />thereof to Beneficiary;
<br />(2) Without notice to or demand upon Trustor, make such payments and do such acts as Beneficiary may
<br />deem necessary to protect its security interest in the Personal Property, including without limitation, paying, pur-
<br />chasing, contesting or compromising any encumbrance, charge or lien which is prior to or superior to fhe security
<br />interest granted hereunder, and in exercising any such powers or authority co pay ati expenses incurred in con-
<br />nection therewith;
<br />(3) Require Trustor to assemble the Personal Property or any portion Thereof, at a place designated by
<br />Beneficiary and reasonably convenient to both parties, and promptly to deliver such Personal Property to
<br />Beneficiary, or an agent or representative designated by it. Beneficiary, and its agenu and representatives shat!
<br />have the right to enter upon any or all of Trustar's premises and property to exercise Beneficiary's rights hereun-
<br />der;
<br />(4} Sell, lease or otherwise dispose of the Personal Property at public sale, with or without having the Per
<br />sonal Property at the place of sale, and upon such terms and in such manner as Beneficiary may determine.
<br />Beneficiary may be a purchaser at any such sale;
<br />(5) Unless the Personal Property is penshable or threatens to decline speedily in value or is of a type
<br />customarily sold vn a recognized market, Beneficiary shall give Trustor at least ten (to) days prior written notice
<br />of the time and place of any publtc safe of the Personal Property or other intended disposition thereof. Such
<br />notice may be mailed to Trustor at the address set forth at the beginning of this Deed of Trust
<br />(iv) Deliver to Trustee a written declaration ok default and ticmand for ,;tle, and a written :tptice of default
<br />and e[~ctior. to cause Trustar's interest i„ the Trusi state to ~ >:~id, :ihich notice "frusrc shah cause to be duty
<br />filed for record in the Ufficia4 Ittcor fs-S ~,f the Cl,umv is which rt,.~ Trutir ~r ,t~~ i i~wat~d-
<br />4.03 ForeClosurr By Power of-Baia. Should- Bent:fieiary t;l4t to farrtlasr by exercise of the pvwer of sate
<br />herein contained, Beneficiary shall notify Trustee and shall drposrt wuh Truster this Deed of Trust and the Note
<br />and such receipts and evidence of expenditures made and secured hereby as 'Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and
<br />delivered to Trustor such Notice of Default and E.Iection to Sclt as then regwred ~y law and by thin peed of
<br />Trust. Trustee shalt, without demand on Trustor, after lapse of such time as may then be required by law and after
<br />recordation of such Notice of Default and after Naice of Sale having been given as required by law, sell the Trust
<br />Estate at the time and place of sale fixed by it in said Noticr of Sale, either as a whole, or in separate Intl ar par•
<br />eels or items as Trustee shall dorm expedient, and in such order as it may determine, at public auction to the
<br />highest bidder for cash in lawful morty of the United States payable at the time o(sale. Trustee steal! deliver to
<br />such purchaser or purchaserseherrof its good and suffinent deed or deeds amveying the property s:. sold, but
<br />without any covenant or warranty. express or Implied. The recuals in such deed of any matters ar facts shall br
<br />conclusive proof of the truthfulness thereof. Any person, tncludmg, wuhout timttation, Trustor, Trustee ur
<br />Beneficiary., may purchase at such sale and Trustor hereby covenants to warrant and defend the oleo of such pur•
<br />chaser or purchasers.
<br />(b) After deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of
<br />title in connection. with sale, Trustre shalt apply the pr cee' s of sate > tay~m~ n :all sums exp~9ri t~,(~nder tht
<br />terms hereof, not th<n repaid, with accrued interest at~~pcr ~t6~t t sFthtS'~C~4 secure)
<br />hcreb}' and the remainder, if any, [o the person or persons legally entitled thereto.
<br />{c} Ttustee may postpone sale of all or any portion of the `T'rust Estatc by public annuuncrutent at tiuch hme
<br />aneS place of sale, and from time to tintc thrrraftcr ma} postpone such gale b} public ;utnounccmcnt to the time
<br />fixed b}' thu preceding postponement ar suhsequcnU}~ noticed ~tlc, Ind without further nuttce, except tiueh ,t. ma}
<br />be required by statute, make such sale at the time fixed b} the last postponrmeot, cr may, in its discretion, Bice a
<br />new notice of sale.
<br />4.04 A ointment of Receiver. if an event of default descnhed m Section 4.t?! of this Uced ui Trust
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<br />shalt have occurred and be aandnuing, Bene(ictary, as a matter of nght an:1 wuhnut nonce at'l'ruswr ur anyone
<br />claiming undtr Trustor, and without rcga[d to the then value of the Trust Estatc or the interest c+f Trustor
<br />thctcin, shall hove the right to apply to any court having )urisdictiun to appoint a rccetver or receivers of the
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