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'i— 154980 <br />(b) With or .without notice, and without releasing T•usta- '.tec, any Secured Obligation, and without becoming a <br />mortgagee in possession, to cure any breach or default of Tr ;;tor ono n connection therewith, to enter upon the Subject <br />Property and to do such acts and things as Beneficiary or Trustee deem recessory or desirable to protect the security hereof <br />including, but without limitation, to appear in and defend any action or proceeding purporting to affect the security hereof or <br />the rights or powers of Beneficiary or Trustee hereunder; to pay, purchase, contest or compromise ony encumbrance, charge, <br />lien or claim of lien which, in the sole judgment of either Beneficiary or Trustee, is or may be senior in priority hereto, the <br />judgment of Beneficiary or Trustee being conclusive as between the parties hereto; to obtain insurance; to poy any premiums <br />or charges with respect to insurance required to be carried hereunder; and to employ counsel, accountants, contractors and <br />other appropriate persons to assist them; <br />(c) To commence and maintain an action or actions in ony court of competent jurisdiction to foreclose this instrument <br />as a mortgage or to obtain specific enforcement of the covenants of Trustor hereunder, and Trustor agrees that such covenants <br />shall be specifically enforceable by injunction or ony other appropriate equitable remedy and that for the purposes of any <br />suit brought under this subparagraph, Trustor waives the defense of loches and any applicable statute of limitations; <br />(d) To apply to a court of competent jurisdiction for and obtain appointment of a receiver of the Subject Property as <br />matter of strict right and without regard to (i) the adequacy of the security for the repayment of the Secured Obligations, (ii) <br />the existence of o declaration that the Secured Obligations ore immediately due and payable, or (iii) the filing of a notice of <br />default; and Trustor consents to such appointment; <br />(e) To enter upon, possess, manage and operate the Subject Property or any part thereof; to take and possess all <br />documents, books, records, papers and accounts of Trustor or the then owner of the Subject Property; to make, terminate, <br />enforce or modify leases of the Subject Property upon such terms and conditions as Beneficiary deems proper; to make <br />repairs, alterations and improvements to the Subject Property necessary, in Trustee's or Beneficiary's judgment, to protect or <br />enhance the security hereof; <br />(f) To execute o written notice of such Default and of its election to cause the Subject Property to be sold to satisfy the <br />Secured Obligations. Trustee shall give and record such notice as the law then requires os a condition precedent to a trustee's <br />sole. When the minimum period of time required by law after such notice hos elapsed, Trustee, without notice to or demand <br />upon Trustor except as required by law, sholl sell the Subject Property at the time and place of sale fixed by it in the notice of <br />sole, of one or several soles, either as a whole or in separate parcels and in such manner and order, all as Beneficiary in its <br />sole discretion may determine, at public auction to the highest bidder for cash, in lawful money of the United States, payable <br />at time of sale. Neither Trustor nor any other person or entity other than Beneficiary shall have the right to direct the order in <br />which the Subject Property is sold. Subject to requirements and limits imposed by low, Trustee may postpone sale of olI or any <br />portion of the Subject Property by public announcement at such time and place of sale, and from time to time may postpone <br />the sale by public announcement at the time and place fixed by the preceding postponement. Trustee shall deliver to the <br />purchaser of such sole a deed conveying the Subject Property or portion thereof so sold, but without ony covenant or <br />warranty, express or implied. The recitals in the deed of any matters or facts shall be conclusive proof of the truthfulness <br />thereof. Any person, including Trustee, Trustor or Benef iciary may purchase at the sole; <br />(g) To resort to and realize upon the security hereunder and any other security now or later held by Beneficiary <br />concurrently or successively and in one or several consolidated or independent judicial actions or lawfully token non - judicial <br />proceedings, or both, and to apply the proceeds received upon the Secured Obligations all in such order and manner as <br />Trustee and Beneficiary or either of them determine in their sole discretion. <br />(h) At any sole of the Subject Property held pursuant to Section 6.02(c) or Section 6.02(9 above, Beneficiary moy bid, <br />as the equivalent of cash, the amount of all or any of the Secured Obligations, including without limit, attorney's fees. <br />6.03 Application of Foreclosure Sale Proceeds. After deducting all costs, fees and expenses of Trustee, and of this <br />trust, including cost of evidence of title and attorney's fees in connection with sale, Trustee shall apply oil proceeds of any <br />foreclosure sole to payment of: all sums expended by Beneficiary under the terms hereof and not then repaid, with accrued <br />interest at the rate of interest specified in the Note to be applicable on or after maturity or acceleration of the Note; the <br />payment of all other Secured Obligations in such order and amounts as Beneficiary in its sole discretion determines; and the <br />remainder, if any, to the person or persons legally entitled thereto. <br />6.04 Application of Other Sums. All sums received by Beneficiary under Section 6.02, less all costs and expenses <br />incurred by it or the receiver under Section 6.02, including attorneys' fees, shall be applied in payment of the Secured <br />Obligations in such order as Beneficiary shall determine in its sole discretion (but Beneficiary shall hove no liability for funds <br />not actually received by Beneficiary). <br />6.05 No Cure or Waiver. Neither Beneficiary's nor Trustee's nor any receiver's entry upon and taking possession of <br />all or ony port of the Subject Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceed <br />or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to ony <br />Secured Obligation, nor the exercise of any other right or remedy by Beneficiary or Trustee or any receiver shall cure or <br />waive any breach, Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or notice <br />of sale (unless all Secured Obligations then due have been poid and performed and Trustor has cured all other defoults),or <br />impair the status of the security, or prejudice Beneficiary or Trustee in the exercise of any right or remedy, or be construed as <br />on offirmotion by Beneficiary of any tenancy, lease or option or o subordination of the lien of this Deed of Trust. <br />—5— <br />