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<br />commence, appear in and prosecute in its own name, any such action or proceedings and
<br />shall be entitled to make any compromise or settlement in connection with any such action
<br />or proceedings.
<br />3. Remedies Not Exclusive: Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce payment and performance of any indebtedness or obligations secured
<br />hereby and to exercise all rights and powers under this Deed of Trust or under any other
<br />agreement executed in connection herewith or any laws now or hereafter in force,
<br />notwithstanding some or all of the indebtedness and obligations secured hereby may now
<br />or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement
<br />whether by court action or pursuant to the power of sale or other powers herein contained
<br />shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or
<br />enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed
<br />that Trustee and Beneficiary, and each of them, shall be entitled to-enforce this Deed of
<br />Trust and any other security now ar hereafter held by Beneficiary or Trustee in such order
<br />and manner as they or either of them may in their absolute discretion determine. No
<br />remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be
<br />exclusive of any other remedy herein or by law provided or permitted, but each shall be
<br />cumulative and shall be in addition to every other remedy given hereunder or now or
<br />hereafter existing at law or in equity ar by statute. Every power or remedy provided
<br />hereunder to Trustee or Beneficiary or to which either of them may be otherwise entitled,
<br />may be exercised, concurrently or independently, from time to time and as often as may be
<br />deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent
<br />remedies. Nothing herein contained shall be construed as prohibiting Beneficiary from
<br />seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law.
<br />4. Acceleration Upon, „ Defau,lt;. Remedies: Sale: The sale, assignment,
<br />conveyance or other transfer of any interest in the Property or the failure of the Trustor to
<br />make any payment or to perform any of the terms and conditions of the Note, or any
<br />renewals, modifications or extensions thereof, or the payment of any other indebtedness
<br />secured hereby or in the performance of any of the covenants and agreements hereunder
<br />or any other Deed of Trust, mortgage or instrument of indebtedness regarding the Property
<br />shall be a breach of this agreement and the Beneficiary may declare a default and may
<br />declare all sums secured hereby immediately due and payable and the same shall
<br />thereupon become due and payable without presentment, demand, protest or notice of any
<br />kind. Thereafter, Beneficiary may deliver to Trustee a written declaration of default and
<br />demand for sale. Trustor agrees and hereby grants that the Trustee shall have the power
<br />of sale of the Property and if the Beneficiary decides that the Property is to be sold he shall
<br />deposit with the Trustee this Deed of Trust and the Note or Notes and any other
<br />documents evidencing written notice of default and election to cause the Property to be
<br />sold, and Trustee in turn shall prepare a similar notice in the form required by law, which
<br />shall be duly filed for record by Trustee.
<br />(a) After the lapse of such time as may be required by law following the
<br />recordation of Notice of Default, and Notice of Default and Notice of Sale having been
<br />given as required bylaw, Trustee, without demand on Trustor, shall sell the Property in one
<br />or more parcels and in such order as Trustee may determine on the date and time and
<br />place designated in said Notice of Sale, at public auction to the highest bidder, the
<br />purchase price payable at the time of the sale. The person conducting the sale may, for
<br />any cause.. he or she.deems e~aeduent, p~astpone the sale from time to time until it shall be
<br />completed and, in every such case, notice of postponement shall be given by public
<br />declaration thereof by such person at the time and place last appointed far the sale;
<br />provided, if the sale is postponed far longer than one (1) day beyond the day designated in
<br />the Notice of Sale, notice thereof shall be given in the same manner as the original Notice
<br />of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying the Property
<br />so sold, but without any covenant or warrant, express or implied. The recitals in the Deed
<br />of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person,
<br />including without limitation, Beneficiary or Trustee, may purchase at the sale.
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