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<br /> indebtedness secured by this Deed of Trust to any security therefor held by the Deed Trustee in such order
<br /> and manner as the Deed Trustee or the Lender may elect.
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<br /> All rights, remedies and powers provided by this Deed of Trust may be exercised only to the
<br /> extent that the exercise thereof does not violate any applicable provision of law in the premises, and all
<br /> the provisions of this Deed of Trust are intended to be subject to all applicable mandatory provisions of
<br /> law which may be controlling in the premises and to be limited to the extent necessary so that they will
<br /> not render this Deed of "Trust invalid or unenforceable under the provisions of any applicable law.
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<br /> Section 6. Special Remedies (Deed Trustee May Occupy and Take Possession). Upon
<br /> the occurrence and continuance of any Event of Default under the Loan Documents, the Deed Trustee,
<br /> upon request of the Lender, may enter into and/or upon, occupy or control all or any part of the Real
<br /> Property or take possession, occupy or control all or any part of the Personal Property, and may exclude
<br /> the Grantor and its agents therefrom. After taking possession or control of the Property, the Deed Trustee
<br /> may maintain, repair and restore the Property and/or complete the construction of the Project, all at the
<br /> Grantor's expense, with such adjustments as it deems appropriate, and may insure the same. The Deed
<br /> Trustee may also manage and operate the Property and exercise all rights and powers of the Grantor with
<br /> respect thereto, either in the name of the Grantor or otherwise as it deems best; and the Deed Trustee is
<br /> entitled to collect and receive all earnings, revenues, rents, profits and income of the Property and every
<br /> part thereof. After deducting the expenses of conducting the business thereof and all maintenance,
<br /> repairs, and other amounts necessary to pay for taxes, assessments, insurance and other proper charges
<br /> upon the Property, or any part thereof, as well as just and reasonable compensation for the services of the
<br /> Deed Trustee and for all attorneys, counsel, agents, and other employees properly engaged and employed,
<br /> the Deed Trustee shall apply the remaining money in accordance with Section 9 hereof.
<br /> Section 7. Power of Sale; Purchase by Trustee. If an "Event of Default" under the Loan
<br /> Documents occurs and continues as provided therein, and the balance of the Bond is declared
<br /> immediately due and payable, the Deed Trustee, at the request the Lender, may proceed to sell the
<br /> Property and any and every part thereof, at public venue, to the highest bidder, at such location as may be
<br /> specified by law or the then customary place, for cash, first giving the public notice required by law of the
<br /> time, terms and place of sale, and of the property to be sold, by advertisement in such newspapers printed
<br /> and published in such locations as may be required by law, and upon such sale shall execute and deliver a
<br /> deed of conveyance and bill of sale of the Property sold to the purchaser or purchasers thereof, and any
<br /> statement or recital of fact in such deed in relation to the non-payment of money hereby secured to be
<br /> paid, existence of the indebtedness so secured, notice of advertisement, sale, receipt of money, and the
<br /> happening of any of the aforesaid events whereby the successor trustee became successor as herein
<br /> provided, shall be prima facie evidence of the truth of such statement or recital. The proceeds of such
<br /> sale shall be applied as provided for in Section 9 hereof.
<br /> Upon any sale pursuant to this Section 7, the Deed Trustee or the Lender may bid for and
<br /> purchase the property being sold, and upon compliance with the terms of sale, subject to any applicable
<br /> rights of redemption, the Deed Trustee or the Lender may hold, retain, possess and dispose of such
<br /> property in their absolute discretion without further accountability. The Deed Trustee or the Lender at any
<br /> sale may, in paying the purchase price, turn in the Bond for value in lieu of cash equal to the amount of
<br /> their purchase price. In case the amount of their purchase price is less than the amount due on the Bond,
<br /> the Bond must be returned to the Deed Trustee or the Lender, respectively, after a notation indicating that
<br /> partial payment has been made thereon.
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