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<br /> .��:;,, .a 11. FORECLOSURS BY POWER OF SAI,E. Should Beneficiary elect to
<br /> forecloee by exere se o e ower o ale herein contained Beneficiary ahal.l
<br /> � � andieuchrreceiptsdandeevidenceiofWexpenditurestmade�and securedtheroby eBNot�a
<br /> ' �„ Tsuetae may require. -
<br /> � .,�:A,, ,;n,•
<br /> ��_;,,�. , ..��..,;; : ;' (a) Upon receipt of such notice fram Benefiaiary, Trustee shal cauae ^_
<br /> , to be recnrded, publistied anc� 3elivered to Truator such Noti4e of Defuult and
<br /> � - Notice of 8ale as then requ ired by law and by thfs Deed of Trust. 'i'rustee . _ ___-�- __ -.
<br /> •� shall, without demand on Trustor, after such time as may then be required by
<br /> � law and after recordation of such Notice of Default and after Notiae of 3ale �y�
<br /> having been given as requ ired by law sell the Trust Estate at the time and , _
<br /> place of eale fixed by it in such No�ice of Sale either as a whole, or in �� ��.:_',.:-
<br /> separate lote ar parcels or items as Truatee sha�l deem expedient, and in suah
<br /> '" order as it may determine at public auction to the highest bidder fTruatee� _
<br /> in lawful money of the Un�ted States, payable at the tima of sale. - _._
<br /> ° shall deliver to such purch�aer or purcheaers thereof its good and suf#icient �_�_�__,._._._
<br /> " deed or deeds, convey ing t he prope r t y s o s o l d, b nt wi�hout an y covenant ox _.
<br /> wArrAnty, exprese or implied. The recitals in such deed of any mattere ar ,_..,�� r
<br /> ' facts shall be conclusive proof �f the truthfulneas thereof. Any person, �1-�' - �^�,�
<br /> including, without li.mitation, Truetor, Trustee, and BenePiciary, may purchase
<br /> �. �,.�.�.:,:�.:,
<br /> � '.� ' at such sale, and Truator hereby covenants to warrant end defend the title of - -- ,
<br /> such purchaser or purchasera. -
<br /> . {b) As may be permitted by law, after deducting all costs, fees i�j�;,,'
<br /> expenses of Trustee and of this Trust, including costs of evidence of �i�le in �u������'��"�'"°'-
<br /> .,�..r` � �; �r���.
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<br /> �• connection with saLe Trustee shall apply the proceeds of sale to payment of � :; ,. ,,If,�. .
<br /> (i all sums expended under the terms hereof, not then repaid, with accru�d +� l�;�._ �
<br /> in�erest at fourteen (14) percent per annum, (ii) all other sums then secured �•�r•,,:,��'�;.-_•
<br /> hereby, and (ifi) the remainder, if any, to the person or pereons legally � � f -�""
<br /> , �-
<br /> entitled thereto. �,
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<br /> , ' (c� Trustee may, in the manner provided by law, postpone sale of all or „_,, . ��
<br /> any port on of the Trust Estate. �
<br /> 12. REMEDIES NOT EXCLUSItIE. Trustee and Seneficiary, a�d each of the.tn, ;:.�._
<br /> ahall be en e o en orce ayment and performance of any indebtedness or �
<br /> obliqations secured hereby an to exercise all rfghts and powers under thie , -
<br /> Dsed of Trust or under anq Loan Instrument or other agreement or any laws now ..,,� .; � ,�
<br /> - =—_- or hereafter in for�p, no{withstanding some or all of the such indebtedness �•,�f_. •�.: _
<br /> and obligations secured hereby may now or hereafter De ocherwise r�ec�rad, -;�.,,:�„�,:
<br /> whether by mortgage, deed of trust pledge, lien, assignment or otherwise. .�::�.._:,>.�,'. �.:
<br /> Neither the acceptance of this Deed of Trust nor its enforcement whether by _, .'
<br /> court action or pureuant to the ower of sale or other powers herein
<br /> cantained, ahall prejudice or fnPany manner affect Trustee's or Beneficiary's � �'�'
<br /> right to realize upon or on£orce any other security now or hereafter held by '
<br /> Trustee or Benef iciarY, it being agreed that Trustee and Beneficiary, and each ; Tr
<br /> • of them, shell be entitled to enforce this Deed of Trust and any other ;
<br /> security now or hereafter held by Benefic�ary or Trustee in such order and
<br /> �� manner as they or either of them may fn their absolute d�scretion determine. E -•_��.��
<br /> No remedy herein conferred upon or reserved to Trustee or Beneficiary ie � ;,i�_:y
<br /> intended to be exclusivo of any other remedy herein or by law provided or - �,.,.�
<br /> permitted, but each shall be cumulative and shall be in adc3ition to every . ,. -
<br /> other remedy given hereunder or now or hereaf ter existing at law or in equity �
<br /> � or b•• Statute. Every power or remed given by any of the Loan Instruments to -
<br /> Trus�ee or Beneficiary or to which either of them may k�e otherwise entitled, � T
<br /> may be exercised, concurrently or independently, from time to time, and as i,�K.._
<br /> often as may be deemeci expedient by Trustee or Heneficfary; and either of them ,
<br /> may pursue inconsistent remedies. Nothin herein shall be construed as , .
<br /> prohibiting Beneficiary from seeking a de�iciency �udgment against the Trustor � ��.
<br /> . ° to the extent such action is permitted by law. „ �•;,,;.
<br /> 13. REQUE3T FOR NOTICE. Trustor hereby requests a copy of any notice ; ;;;�:�,�!�•�.
<br /> of default, a-n'i� a any no ice of sale hereunder be mailed to it at the � ,«,�T��.-,:'
<br /> addrees set forth in the first paragraph of this Deed of Trust. . s:";:.: ;,.
<br /> ' 14. GOVERNING LAW. This Deed of Trust shall be qoverned by the laws of
<br /> the State o e ras a. n the event that any provision or clause of any of the
<br /> Loan Instruments conflicts with applicable laws, such conflict� shall not
<br /> i affect other provisions of such Loan Instruments which can be given effect
<br /> without the conflicting provisions; and to this end, the provisions of the �
<br /> Loan Instruments are declared to be severable. This instrument cannot be
<br /> waived, changed, discharged, or terminated orally, but only by an,inetrument
<br /> in writing signed by the party against whom enforcement of any waaver, change, •
<br /> diacharge or f.erminat ion is sought.
<br /> 15. RSCONVEYANCB $Y TRUSTE6. Upon written rQquest of Beneficiary '
<br /> • stating tha a sums secur� ere y have been paid, and upon surrender of
<br /> I this Deed of Trust and the Note to crustee for cancellation and ratention and
<br /> upon payment by Trustvr of Trustee's fees, Trustee shall reconvey to Trustor,
<br /> � or the person or persons legally entitled thereto, �uithout warranty, any
<br /> � portion of the Trust Estate then hQld hereunder. The recitals in such
<br /> reconveyance of any matters or facts shall be conclusive pr.onf of the
<br /> truthfulness thereof. The grantee in any reconveyance may be described as
<br /> I "the person or persons Zegally entitled thereto".
<br /> i 16. NOTICES. Whenever Beneficiary, 'Prustor, or TrusteQ shall desire to
<br /> � give or serve any notice, demand, request or other communication with respect
<br /> to this Deed of Trust , each such notice, demand, request or other
<br /> � communication shall be in writing and shall be effective only if the same is
<br /> ' delivered by personal service or mailed by certified mail, postage prepaid
<br /> i return receipt requested, addressed to the address set fortli at the beginn�ng
<br /> � of this Deed of Truet. Atiy Qarty mey at this time change its address for sucFi
<br /> 1 notices by delivering or maiiiny lu t1�c �ther partic� herer�, :�� �fnresaid, a
<br /> � notice of such chenge.
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