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sell the Property at the time and place of sale fixed by it in <br />said notice of sale, either as a whole or in separate parcels and <br />in such order as it may determine, at public auction to the <br />highest bidder for cash in lawful money of the United States of <br />America, payable at time of sale. Trustee may postpone sale of <br />all or any portion of the Property by public announcement at such <br />time and place of sale and from time to time thereafter may <br />postpone such sale by public announcement at the time and place <br />fixed by the preceding postponement. Any person, including <br />Borrower, Trustee or the Agency, may purchase at such sale. Upon <br />such 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 Agency under this <br />Deed of Trust, or the Secured Obligations or any other instrument <br />evidencing or securing any indebtedness hereby secured and to the <br />payment of all other sums then secured hereby, including interest <br />as provided in this Deed of Trust, the Secured Obligations or any <br />other such instrument, in such order as the Agency shall direct; <br />and then the remainder, if any, shall be paid to the person or <br />persons legally entitled thereto. <br />5.9 Entry Possession and Receivership. In the event of <br />any default hereunder and irrespective of whether the Agency <br />accelerates the maturity of all indebtedness secured hereby or <br />files a notice of default hereunder, the Agency at any time, <br />without notice of demand or regard to the adequacy of any security <br />for the indebtedness and obligations hereby secured, in person, or <br />by any agent or employee, or by receiver appointed by court, may <br />enter upon and take the possession of the Property or any part <br />thereof and Borrower agrees to surrender such possession to the <br />Agency, and perform any acts, including the right to rent, lease, <br />operate and maintain any part of all of the Property, which the <br />Agency deems necessary or proper to conserve the Property, and may <br />sue for or otherwise collect and receive all rents, royalties, <br />issues, accounts and profits thereof, including those past due as <br />well as those accruing thereafter. Borrower hereby presently <br />assigns to the Agency, absolutely and regardless of possession of <br />the 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 />CHFA 52P <br />6/1/88 <br />V01642 <br />_j_ <br />