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• <br /> f. Power of Sale. Under the power of sale hereby granted, Beneficiary shall <br /> have the discretionary right to cause some or all of the Property, including any Property which <br /> constitutes personal property, to be sold or otherwise disposed of in any combination and in any <br /> manner permitted by applicable law. <br /> 8.3 Power of Sale. If Beneficiary elects to invoke the power of sale hereby granted, <br /> Beneficiary shall execute or cause the Trustee to execute a written notice of such default and of <br /> its election to cause the Property to be sold to satisfy the obligations hereof, and shall cause such <br /> notice to be recorded in the office of the Recorder of each County wherein the Property or some <br /> part thereof is situated as required by law and this Deed of Trust. <br /> Prior to publication of the notice of sale, Beneficiary shall deliver to Trustee this Deed of <br /> Trust and the Note or other evidence of indebtedness which is secured hereby, together with a <br /> written request for the Trustee to proceed with a sale of the Property, pursuant to the provisions <br /> of law and this Deed of Trust. <br /> Notice of sale having been given as then required by law, and not less than the time then <br /> required by law having elapsed after recordation of such notice of default, Trustee, without <br /> demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, <br /> either as a whole or in separate parcels and in such order as it may determine, at public auction to <br /> the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee <br /> may, and at Beneficiary's request shall, postpone sale of all or any portion of the Property by <br /> public announcement at such time and place of sale, and from time to time thereafter may <br /> postpone such sale by public announcement at the time and place fixed by the preceding <br /> postponement. Trustee shall deliver to the purchaser its deed conveying the property so sold, but <br /> without any covenant or warranty, express or implied. The recitals in such deed of any matters <br /> or 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 created, <br /> including reasonable attomeys' fees in connection with sale, Trustee shall apply the proceeds of <br /> sale to payment of all sums advanced or expended by Beneficiary or Trustee under the terms <br /> hereof and all outstanding sums then secured hereby, and the remainder, if any, to the person or <br /> persons legally entitled thereto. <br /> Without limiting the generality of the foregoing, Trustor acknowledges and agrees that <br /> regardless of whether or not a default has occurred hereunder, if an Event of Default has <br /> occurred under the Loan Documents, and if in connection with such Event of Default <br /> Beneficiary exercises its right to foreclose on the Property, then: (i) Beneficiary shall be entitled <br /> to declare all amounts due under the Note immediately due and payable, and (ii) the proceeds of <br /> any sale of the Property in connection with such foreclosure shall be used to pay all Secured <br /> Obligations, including without limitation, the outstanding principal balance and all other <br /> amounts due under the Note. <br /> At any foreclosure sale, any person, including Trustor, Trustee or Beneficiary, may bid <br /> for and acquire the Property or any part of it to the extent permitted by then applicable law. <br /> 1755157.4 17 <br />