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20�104037 <br />�ereof, including those past due and unpaid, and apply the same, less costs and expenses of <br />peration and collection, including attorney's fees, upon any indebtedness secured hereby, all in such <br />rder as Beneficiary may determine. The entering upon and taking possession of the Trust Estate, the <br />ollection of such rents, issues and profits and the application thereof as aforesaid, shalf not cure or waive <br />ny default or notice of default hereunder ar invalidate any act done in response to such default or <br />ursuant to such notice of default and, nofinrithstanding the continuance in possession of the Trust Estate <br />r the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled <br />� exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any event <br />f defiault, including the right to exercise the power of sale; <br />Commence an action to foreclose this Deed of Trusfi as a mortgage, appoint a receiver, or <br />enforce any of the covenants hereof; <br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of <br />fault and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall <br />use to be duly filed for record in the appropriate Official Records of the Coun�y in which the Trust Estate <br />located. <br />11. FORECLOSURE BY POWER OF SALE. Should Seneficiary elect to forecfose by exercise of <br />Power of Sale herein contained, Beneficiary shall notify Trustee and sha!{ deposit with Trustee this <br />�d of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as <br />stee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published <br />d delivered to Trustor such (Votice of Default and Notice ofi Sale as then required by law and by this <br />;ed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law <br />d after recordation of such Notice vf Default and after Notice of Sale having been given as required by <br />v, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, <br />in separate lots or parcels or items as 1'rustee shall deem expedient, and in such order as it may <br />termine, at public auction to the highest bidder for cash, in lawful money of the United States, payable at <br />s time of sale. Trustee shall deliver to such purchaser or purchasers thereof, its good and sufficient <br />ed or deeds, conveying the property so sold, but without any covenant or warranty, express or implied. <br />�e recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />rson, including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at such sale, and <br />ustor hereby covenants to warrant 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 and of this <br />ust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale <br />payment of (i) all sums expended under the terms hereof, not then repaid, with accrued interest at 12 <br />rcent per annum, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or <br />rsons legally entitled thereto. <br />(c) Tru�tee may, in the manner provided by law, postpone sale of all or any portion of the Trustee <br />12. REMEDIES NOT �XCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled <br />enforce payment and performance of any indebtedness or ob{igations secured hereby and to exercise <br />rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any <br />vs now or hereafter in force, notwithstanding some or aA of the such indebtedness and obligations <br />cured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, <br />n, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether <br />court actian or pursuant to the power of sale or other powers herein contained, shall prejudice or in any <br />anner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or <br />reafter held by Trustee or Seneficiary, it being agreed that Trustee and 8eneficiary, and each of them, <br />all be entitled to enforce this Deed of Trust and any ather security now or hereafter hefd by Beneficiary <br />Trustee, in such order and manner as they or either of them may in their absolute discretion determine. <br />� remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any <br />' er remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition <br />every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Every <br />wer or remedy given by any of the Loan instruments to Trustee or Beneficiary or to which either of them <br />y be o#herwise sntitled, may be exercised, concurrently or independently, from time to time, and as <br />en as may be deemed expedient by Trustee or Beneficiary; and either of them may pursue inconsistent <br />edies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency <br />gment against the Trustor to the extent such action is permitted by law. <br />13. REQUEST FOR NOTICE. Trusfor hereby requests a copy of any notice of default, and that <br />notice of sale hereunder be mailed fio it at the address set forth in the first paragraph of this Deed of <br />14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of <br />a. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable <br />