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The entering upon and taking possession of the Trust Estate, the collecrion of <br />such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any <br />default or notice of default hereunder or invalidate any act done in response to such default or <br />pursuant to such norice of default and, notwithstanding the continuance in possession of the Trust <br />Estate or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary <br />shall be entitled to exercise every right provided for in any of the Loan Instruments or by law <br />upon occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, or specifically enforce any of the covenants hereof; <br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a <br />written notice of default and elecrioa to cause Trustor's interest in the Trust Estate to be sold, <br />which notice Trustee shall cause to be duly filed for record in the appropriate Official Records of <br />the County in which the Trust Estate is located. <br />(d) In the event of default in payment of principal or interest after that 60 day grace <br />period from due date has elapsed, Beneficiary may, without fiuther notice proceed with <br />acceleration, foreclosure, power of sale, and any additional remedies available to Beneficiary as <br />stated in Paragraphs 9, 10, and 11 of this Deed of Trust. <br />10. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose <br />by exercise of the Power of Sale herein contained, Beneficiary shall norify Trustee and shall <br />deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of <br />expenditures made and secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficia.ry, Trustee shall cause to be recorded, <br />published and delivered to Trustor such Notice of Default and Notice of Sale as then required by <br />law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may <br />then be required by law and after recording such Notice of Default and after Notice of Sale <br />having been given as required by law, sell the Trust Estate at the time and place of sale fixed by <br />it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall <br />deem expedient, and in such order as it may determine, at public auction to the highest bidder for <br />cash, in lawful money of the United States, payable at the time of sale. Trustee shall deliver to <br />such purchaser or purchasers thereof, its good and sufficient deed or deeds, conveying the <br />properly so sold, but without any covenant or warranty, express or implied. The recitals in such <br />deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, <br />including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at such sale, and <br />Trustor hereby covenants to wanant and defend the title of such purchaser or purchasers. <br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee <br />and of this Trust, including costs of evidence of title in connecrion with sale, Trustee shall apply <br />the proceeds of sale to payment of (n all sums expended under the terms hereof, not then repaid, <br />with accrued interest at ten (10%) percent per annum, (ii) all other sums then secured hereby, and <br />(iii) the remainder, if any, to the person or persons legally entitled thereto. <br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of <br />the Trust Estate. <br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, <br />shall be entitled to enforce payment and performance of any indebtedness or obligarions secured <br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan <br />Inshument or other agreement or any laws now or hereafter in force, notwithstanding some or all <br />of the such indebtedness and obiigations secured hereby may now or hereafter be otherwise <br />secured, whether by mortgage, deed of t�ust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the <br />power of sale or other powers herein contained, shall prejudice or in any manner afFect Trustee's <br />or Beneficia.ry's right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary <br />or Trustee, in such order and manner as they or either of them may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to <br />-3- <br />