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<br />preparations for the commencement or defense of any proceeding or threatened suit or
<br />proceeding shall be immediately due and payable by Grantor, with interest thereon
<br />until paid at the Default Rate and shall be secured by this Deed of Trust.
<br />17. Application of Proceeds of Foreclosure Sale. The proceeds of any foreclosure
<br />(or partial foreclosure) sale of the Premises shall be distributed and applied in the following
<br />order of priority: first, to all costs and expenses incident to the foreclosure proceedings; second,
<br />to all other items which may under the terms hereof constitute secured indebtedness additional to
<br />that evidenced by the Note, including all such items as are mentioned in paragraph 16 above,
<br />with interest thereon as provided herein or in the other Loan Documents; third, to all principal
<br />and interest remaining unpaid on the Note; and fourth, any surplus to Grantor, its successors or
<br />assigns, as their rights may appear or to any other party legally entitled thereto.
<br />1$. Appointment of Receiver. Upon ar at any time after the filing of a complaint to
<br />foreclose (or partially foreclose) this Deed of Trust, or upon the happening of an Event of
<br />Default hereunder, subject to applicable grace and cure provisions, the court in which such
<br />complaint is filed shall, upon petition by Beneficiary, appoint a receiver for the Premises. Such
<br />appointment may be made either before or after sale, without regard to the solvency or
<br />insolvency of Grantor at the time of application for such receiver and without regard to the value
<br />of the Premises or whether the same shall be then occupied as a homestead or not and
<br />Beneficiary hereunder or any other holder of the Note may be appointed as such receiver. Such
<br />receiver shall have power to collect the rents, issues and profits of the Premises (a) during the
<br />pendency of any action, (b) in case of a sale and a deficiency, during the full statutory period of
<br />redemption, whether there be redemption or not, and (c) during any further times when Grantor,
<br />but for the intervention of such receiver, would be entitled to collect such rents, issues and
<br />profits. Such receiver also shall have all other powers and rights that may be necessary or are
<br />usual in such cases for the protection, possession, control, management and operation of the
<br />Premises during said period, including, to the extent permitted by law, the right to lease all or
<br />any portion of the Premises for a term that extends beyond the time of such receiver's possession
<br />without obtaining prior court approval of such lease. The court from time to time may authorize
<br />the application of the net income received by the receiver in payment of (i) the indebtedness
<br />secured hereby, or by any decree foreclosing this Deed of Trust, or any tax, special assessment or
<br />other lien which may be or become superior to the lien hereof or of such decree, provided such
<br />application is made prior to foreclosure sale, and (ii) any deficiency upon a sale and deficiency.
<br />19. Beneficiary's Right of Possession in Case of Defau_ It. At any time after an
<br />Event of Default has occurred, Grantor shall, upon demand of Beneficiary, surrender to
<br />Beneficiary possession of the Premises. Beneficiary, in its discretion, may, with or without
<br />process of law, enter upon and take and maintain possession of all or any part of the Premises,
<br />together with all documents, books, records, papers and accounts relating thereto, and may
<br />exclude Grantor and its employees, agents or servants therefrom, and Beneficiary may then hold,
<br />operate, manage and control the Fremises, either personally or by its agents. Beneficiary shall
<br />have full power to use such measures, legal or equitable, as in its discretion may be deemed
<br />proper or necessary to enforce the payment or security of the avails, rents, issues, and profits of
<br />the Premises, including actions for the recovery of rent, actions in forcible detainer and actions in
<br />distress for rent. Without limiting the generality of the foregoing, Beneficiary shall have full
<br />power to:
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