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<br />appraisals may be discounted or adjusted by Beneficiary in its sole underwriting discretion; (ii) expenses
<br />and costs incurred by Beneficiary with respect to the Real Property prior ta foreclosure; (iii) expenses
<br />and costs which Beneficiary anticipates will be incurred with respect to the Real Property after.
<br />forecl�sure, but prior to resale, including without limitation, costs of structural reports and other due
<br />diligence, costs to carry the Real Property pridr to resale, costs of resale (e.g., commissions, attorneys'
<br />fees, and taxes), Hazardous Materials clean-up and monitoring, deferred maintenance, repair,
<br />refurbishment and retrofit, and costs of defending or settling litigation affecting the Real Property; (iv)
<br />declining trends in real property values generally and with respect to praperties similar to the Real
<br />Property; (v) anticipated discounts upon resale of the Real Praperty as a distressed or foreclosed
<br />property; (vi) the existence of additional collateral, if any, for the Secured Obligations; and (vii) such
<br />other factors or matters that Beneficiary deems appropriate. Trustor acknowledges and agrees that: (A)
<br />8eneficiary is not required ta use any or all of the foregoing factors to determine the amount of its credit
<br />bid; (B) this Section does not impose upon 8eneficiary any additional obligations that are not imposed
<br />by law at the time the credit bid is made; (C) the ampunt of Beneficiary's credit bid need not have any
<br />relatiqn to any loarnto-value ratios specified in any agreement between Trustor and Beneficiary or
<br />previously discussed by Trustor and Beneficiary; and (D) Beneficiary's credit bid may be, at Beneficiary's
<br />sole discretion, higher or lower than any appraised value of the Real Property.
<br />5.3 Apnlication of F�r__ecl4�ur� S�L�P�.�. After deducting all costs, fees and expenses of Trustee,
<br />and of this trust, including costs af evidence of title and attorneys' fees in connection with a fareclosure
<br />sale, all proceeds of any foreclosure sale shall be applied first, to payment of all Secured Obligations
<br />(including without limitation, all sums expended by Beneficiary under the terms herepf and not then
<br />repaid, with accrued interest at the highest rate per annum payable under any Secured Obligatipn), in
<br />such order and amaunts as Beneficiary in its sole discretion shall determine; and the remainder, if any,
<br />to the person or persons legally entitled thereto.
<br />5.�i At�plication of 4.�h�.��l�].�. All Rents or other sums received by Beneficiary or any agent or receiver
<br />hereunder, less all costs and expenses incurred by Beneficiary or such agent or receiver, including
<br />reasonable attorn�ys' fees, shall be applied to payment of the Secured Obligations in such arder as
<br />Beneficiary shall determine in its sole discretion; provided however, that Beneficiary shall have no
<br />liability for funds not actually received by Beneficiary.
<br />5.5 No Cure or Waiver. Neither Beneficiary's, Trustee's or any receiver's entry upon and taking
<br />possessian of the Real Property, nor any collection of Rents, insurance proceeds, condemnation
<br />proceeds or damages, other security or proceeds of other security, or other sums, nor the application of
<br />any collected sum to any Secured Obligation, nar th� exercise of any other right or remedy by
<br />Beneficiary, Truste� or any receiver shall impair the status of the security of this Deed of Trust, or cure
<br />or waive any breach, Default or notice of default under this Deed of Trust, or nullify the effect of any
<br />notice of default or sale (unless all Secured Obligations and any other sums then due hereunder have
<br />been paid in full and Trustor has cured all other befaults), or prejudice BeneFciary or 7rustee in the
<br />exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease
<br />or option of the Real Property or a subordination of the lien of this Deed of Trust.
<br />5.6 C x n n A rne '� es. Trustor agrees to pay to Beneficiary immediately upon
<br />demand the full amount of all payments, advances, charges, costs and expenses, including court costs
<br />and reasonable attomeys' fees (to include outside counsel fees and all allacated costs of Beneficiary's
<br />in-hpuse counsel), expend�d or incurred by Trustee or Beneficiary pursuant to this Article V, whether
<br />incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the
<br />foregoing incurred in connection with any bankruptcy proceeding (including without limitation, any
<br />adversary proceeding, contested matter or motion brought by Beneficiary or any other person) relating
<br />to Trustor or in any way affecting any of the Real Property or Beneficiary's ability to exercise any of its
<br />DeedOffrust-NE Job 1550608450-1310239189 Loan Vers.1 12/03/201p Page 14 of 19
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