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~~~ ~~~ indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking pessassioa of the Trust Estate, the colteciion of such rents, issues and profits and the applicatiosthcreof as~ aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in - resgonse to such default or pursuant to such notice of default and, notwithstandingthe continuance in.posxssion of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trusteeoi Beneficiary shat! be entitled to exercise every right provided for in any of the Loan Instruments or by-law upon occurrence o€ any event of default, including the right to exercise the power of'sale; (ii) Commence an action to foreclose this Deed of Trost as a mortgage, appoint a receiver; or specifically enforce any of the covenants hereof; (iii) Exercise any or nil of the remedies available to a secured party under the Uniforiri Commercial Cade, including, but not Simited to: (1) Either personally or by meansofacourt appointed receiver, take possession of al} or any of the Personal Property-and exclude therefrom Trustor and all others claiming under Trustor, and thcreafferhold~ store, use, operate, manage, maintain aad control, make repairs, replacements, alterations, additions and improvements to andexercise all rights and powers of Trustor in respect to the Personal Property or any parttttereof; In-the event ' Beneficiary domands or attempts to take possession of the Personal Property in the exercise of any-rights udder any of the Loan Instruments, Trustor promises and agrees to promptly turn over and deliver complete-possession thereof to Beneficiary; (2) Without notice to er demand- upon Trustor, make such payments aad do-such-asts;as.Bsnefieia~+.m2y- deem necessary to protect its security interest in the Personal Property, including without limifation-; paying; put-- chasing, contesting or compromising any encumbrance, charge or lien which is prior to oc superior to the: security interest granted hereunder, and in exercising. any such powers or authority to pay all expenses incurred incon- nection therewith; (3) Require Trustor to assemble the Personal Property or any portion thereof, at a place designated by Beneficiary and reasonably convenient to both parties, and promptly to deliver such Personal Property to Beneficiary, or an agent or representative designated by it. Beneficiary, and its agents and representatives-shall have the right to enter upon any or all of Trustor's premises and property to exercise Beneficiary-s rightshereun- der; (4) Sell, Icase or othcrwsc dispose of the Personal Property a[ public sale, with or without having the Fcr- sonal Property at the place of sale, and upon such terms and in such manner as Beneficiary niay determine. Beneficiary may be a purchaser at any such sale; {5} Unless the Personal Property is perishable ar threatens to decline speedily in value or is of a-type customarily sold oa a rtcagrizcd mar>fet, Beneficiary shah give Trustor at least ten (10) days prior written notice of the time and place of any public sale of the Personal Property or other intended disposition thereof. Such notice may be mailed to Trustor at the address set forth at the beginning of this Deed of Trust. (iv) Detivct to Trustee a ::°rt;tn +'zeetaratia;, of defat;tE and dc;nand for sate, xnd a written noti=e of default and election to cause Trustee's interest in th€ "Frost lstatc to be sold, which notice Trustee shall cause to be duly tiled for record in the t!fficial Records of t..c Catmiy in which t:,_ , ^,:st Estate is tacated. 4,03 Foreclosure 8Z• Pow~cr of Sato Sltauid Benefciary elcei to forcelose by exercise of the power of sale herein contained, Beneficiary shall notify Trustee and shat! deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may require. (a) Upon receipt a[ such notice Cram Beneficiary, Trustee shall cause to be recorded, published and delivered to Truster such Notice of Default and Election to Sell as then required by law and by this Decd of Trust. Trustee shall, without demand on Trustor, after lapse of such time as may then be required 6y law and after recordation of such Notice of Default and after Kati€e of Sale having been given as required by law, sell the'irust Estate at the time and place of sale fined by it in said NoGCC of Saie, either as a whole, or in separate lots nr par- cell or items as "[Yusme shalt deem cspedient, and in such order as it may determine, at public auction to the highest bidder for cash in lav+ful money of the United States payable at the time of salt. Trustee shall deliver to such purchaser or pmchasersthereofiu good and sufficient deed or deeds conveying the propcrt} so sold, but without any covenant cr warrastty, espress ar impiicd. The recitals is such deed of any matters ar facts shall bs conclusive proof of the truthfulness [hercaf. Any person, including, without limrtatian, Trustor, Ttustcc ar Beneficiary, may purchase at such sale and Truster hereby covenants to warrant and defend the title of such pur- chaser or purchaxrs. (b} After c~leducting sit rusts. ft=s sod expctses of Trustee and cif this Trust, :nclu'ing co.is +tf yvid=_nec of title in canacctron with sale, Trustee shalt apply the prorreds of sale to payment of. alt sums expended under the i terms hereof, not then repaid, with accrued interest at 1.4.'x% per aanutn; ail other sums then secured hereby and the remainder, if any, to the person oe persons legally entitled thereto. (c) Trustee may postpone sale of all ar any portion of the Trust I3state by public amtounccment a[ such time and place of sate, and from time to time thereafter may paupane such gale by i~uhiic announcement ;at the time fixed by the preceding postponement or subsequently noticed sale, and ~•+'ithout iunhcr notice, raccpt such as may 6e required by statute, make such <_ale at the time fixed by the last postponement, ar may, in its discretion, give a new notice of sate. 4,04 Appointment of Receiver. [f an event of default described in Scotian 4.01 of this Deed of Trust shat! have occurred and be continuing, Beneficiary, as a matter of right anti without notice to Trustor or anyone claiming under Truster, and without rtgard to the then value of the Trust Estate or tho interest of Trustor therein, shah have the right to apply to any court having jurisdiction to appoint a receiver or receivers of the 9.