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201009345 encumbrance, charge, lien or claim of lien which, in the judgment of eith�r Beneficiary or Trustee, is senior in priority to this �eed of Trust, the judgment of Beneficiary or Trustee being conalusive as between the parties hereto; (iii) to obtain, and ta pay any premiums or charges with respect ta, any insurance required ta be carried hereunder; and (iv) to employ counsel, accountants, cantractars and other apprapriate persons to assist them. (c) To commence and maintain an action ar actions in any court of competent jurisdiction to foreclose this Deed of Trust as a mortgage or to obtain specific enforcement of the covenants nf Trustor under this Deed of Trust, and 7rustor agrees that such covenants shall be specifically enforceable by injunction or any other appropriate equitable remedy. For the purposes of any suit brought under this subsection, Trustor waives the defenses of laches and any applicable statute of limitations. (d) To apply to a court of competent jurisdiction for and obtain appointment of a receiver of the Real Property as a matter of strict right and withaut regard ta: (i) the adequacy of the security for the repayment of the Secured Obligations; (ii) the existence of a declaration that the Secured Obligations are immediately due and payable; or (iii) the filing of a notice of default; and Trustor consents to such appointment. (e) Ta take and possess all documents, books, records, papers and accounts of Trustor or the then owner of the Real Property; to make or modify Leases of, and other agre�ments with respect to, the Real Property upon such terms and conditions as Beneficiary deems proper; and to make repairs, alterations and improvements to the Real Property deemed necessary, in Trustee's or Beneficiary's judgment, to protect or enhance the security hereof. (fl To execute or cause Trustee to execute a written notice of such pefault and of its election to cause the Real Property to be sold to satisfy the Secured Obligations. Trustee shall give and record such notice as the law then requires as a condition precedent to a trustee's sale. When the minimum period of time required by law after such notice has elapsed, Trustee, without notice to or demand upon Trustor, except as otherwise required by law, shall sell the Real Property at the time and place of sale fixed by it in the notice of sale, at one or several sales, either as a whole ar in separate parcels and in such manner and order, all as directed by Beneficiary in its sole discretion, at public auctian to the highest bidder for cash, in lawful money of the United States, payable at the time af sale. Except as required by law, neither Trustor nor any other person or entity shall have the right to direct the order in which the Real Property is sold. Subject to requirements and limits imposed by law, Trustee may postpone any sale of the Real Property by public announcement at such time and place of sale, and from time to time may postpone such sale by public announcement �# the time and place fixed by the preceding pastponement. Trustee shall deliver to the purchaser at such sale a deed conveying the Real Property or portion thereof so sold, but without any covenant or warranty, express or implied. 1"he recitals in said deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustee, Trustor or Ben�aficiary, may purchase at such sale. (g) To resort to and realize upon the security hereunder and any other security now or later held by Beneficiary concurrently or successively and in one or several consolidated or independent judicial actions or lawfully taken non-judicial proceedings, or both, and to apply the prpceeds received in accordance with the Section hereaf entitled A li a ion of For lo r , all in such order and manner as Beneficiary shall determine in its sole discretion. (h) Upon sale of the Real Property at any judicial or non-judicial foreclosure, Beneficiary may credit bid (as determined by Beneficiary in its sole discretion) to the extent allowed by law, all or any portian of th� Secured Obligations. In determining such credit bid, to th� extent allowed by law, Beneficiary may, but is not obligated to, take into account all or any of the following: (i) appraisals of the Fteal Property as such CleedOfTrust-NE Job 1550fi08450-1310239189 Loan Vers.1 12/03/2010 Page 13 of 19