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required by law, Trustee shall sell the Property at the time and
<br />place of sale fixed by it in said notice of sale, either as a
<br />whole or in separate parcels and in such order as it may
<br />determine, at public auction to the highest bidder for cash in
<br />lawful money of the United States of America, payable at time of
<br />sale. Trustee may postpone sale of all or any portion of the
<br />Property by public announcement at such time and place of sale and
<br />from time to time thereafter may postpone such sale by public
<br />announcement at the time and place fixed by the preceding
<br />postponement. Any person, including the Borrower, the City,
<br />Trustee, MBIA or the Agency, may purchase at such sale. Upon such
<br />sale by Trustee it shall deliver to such purchaser its deed
<br />conveying the Property so sold, but without any covenant or
<br />warranty expressed or implied.
<br />The recitals in such deed of any matters or facts shall be
<br />conclusive proof of their truthfulness. Upon sale by Trustee, and
<br />after deducting all costs, expenses and fees of Trustee and of
<br />this Deed of Trust, Trustee shall apply the proceeds of sale to
<br />the payment of the principal indebtedness hereby secured, whether
<br />evidenced by the Note or otherwise, or representing advances made
<br />or costs or expenses paid or incurred by the Lenders, or either of
<br />them, under this Deed of Trust, or the Secured Obligations or any
<br />other instrument evidencing or securing any indebtedness hereby
<br />secured and to the payment of all other sums then secured hereby,
<br />including interest as provided in this Deed of Trust, the Secured
<br />Obligations or any other such instrument, in such order as the
<br />Lenders shall direct; and then the remainder, if any, shall be
<br />paid to the person or persons legally entitled thereto.
<br />5.9 Entry Possession and Receivership. in the event of
<br />any default hereunder and irrespective of whether the Lenders
<br />accelerate the maturity of all indebtedness secured hereby, the
<br />Lenders, at any time, in person, or by any agent or employee, or
<br />by receiver appointed by court, may enter upon and take the
<br />possession of the Property or any part thereof and the Borrower
<br />and the City agree to surrender such possession to the Lenders,
<br />and perform any acts, including the right to rent, lease, operate
<br />and maintain any part of all of the Property, which the Agency
<br />deems necessary or proper to conserve the Property, and may sue
<br />for or otherwise collect and receive all rents, royalties, issues,
<br />accounts and profits thereof, including those past due as well as
<br />those accruing thereafter. Trustor hereby presently assigns to
<br />the Lenders, absolutely and regardless of possession of the
<br />Property, all rents and other monies now due or hereafter to
<br />become due under any lease or agreement or otherwise for the use
<br />or occupation of all or any part of the Property, now existing or
<br />hereafter made, reserving to Trustor only the right, prior to any
<br />such default, to collect and retain such rents as they become due,
<br />but not otherwise. Trustor shall on demand execute such further
<br />assignments to the Lenders of any or all such leases, agreements,
<br />CHFA 52P.RIDGE.VIEW.IST
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