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and place of sale, and from time to time thereafter may postpone such sale by public <br />announcement at the time and place fixed by the preceding postponement. Trustee <br />shall deliver to the purchaser its deed conveying the property so sold, but without any <br />covenant or warranty, express or implied. The recitals in such deed of any matters or <br />facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, <br />Trustee, or Beneficiary, may purchase at such sale. <br />After deducting all costs, fees, and expenses of Trustee and of the trust hereby <br />created, including reasonable attorneys' fees in connection with sale, Trustee shall <br />apply the proceeds of sale to payment of all sums advanced or expended by Beneficiary <br />or Trustee under the terms hereof and all outstanding sums then secured hereby, and <br />the remainder, if any, to the person or persons legally entitled thereto. <br />Without limiting the generality of the foregoing, Trustor acknowledges and agrees <br />that regardless of whether or not a default has occurred hereunder, if an Event of <br />Developer Default has occurred under the Loan Documents, and if in connection with <br />such Event of Developer Default Beneficiary exercises its right to foreclose on the <br />Property, then: (i) Beneficiary shall be entitled to declare all amounts due under the <br />Note immediately due and payable, and (ii) the proceeds of any sale of the Property in <br />connection with such foreclosure shall be used to pay all Secured Obligations, including <br />without limitation, the outstanding principal balance and all other amounts due under the <br />Note. <br />At any foreclosure sale, any person, including Trustor, Trustee or Beneficiary, <br />may bid for and acquire the Property or any part of it to the extent permitted by then <br />applicable law. Instead of paying cash for such property, Beneficiary may settle for the <br />purchase price by crediting the sales price of the property against the following <br />obligations: <br />a. First, the portion of the Secured Obligations attributable to the <br />expenses of sale, costs of any action and any other sums for which Trustor is obligated <br />to pay or reimburse Beneficiary or Trustee under Section 7.12(c); and <br />b. Second, the remaining balance of all other Secured Obligations in <br />any order and proportions as Beneficiary in its sole discretion may choose. <br />8.4 Trustor's Right to Reinstate. Notwithstanding Beneficiary's acceleration of <br />the sums secured by this Deed of Trust, Trustor shall have the right to have any <br />proceedings begun by Beneficiary to enforce this Deed of Trust discontinued at any <br />time prior to five days before sale of the Property pursuant to the power of sale <br />contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this <br />Deed of Trust if: (a) Trustor pays Beneficiary all sums which would be then due under <br />the Loan Documents if the Secured Obligations had no acceleration provision; (b) <br />Trustor cures all breaches of any other covenants or agreements of Trustor contained in <br />this Deed of Trust; (c) Trustor pays all reasonable expenses incurred by Beneficiary and <br />Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of <br />Trust, and in enforcing Beneficiary's and Trustee's remedies as provided herein, <br />~ i8o284-6 19 <br />