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d. UCC Remedies. Beneficiary may exercise any or all of the remedies granted to a <br /> secured party under the UCC. <br /> e. Judicial Action. Beneficiary may bring an action in any court of competent <br /> jurisdiction to foreclose this Deed of Trust in the manner provided by law for foreclosure of mortgages on <br /> real property and/or to obtain specific enforcement of any of the covenants or agreements of this Deed of <br /> Trust. <br /> f. Power of Sale. Under the power of sale hereby granted, Beneficiary shall have <br /> the discretionary right to cause some or all of the Property, including any Property which constitutes <br /> personal property, to be sold or otherwise disposed of in any combination and in any manner permitted by <br /> 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 its election <br /> to cause the Property to be sold to satisfy the obligations hereof, and shall cause such notice to be <br /> recorded in the office of the Recorder of each County wherein the Property or some part thereof is situated <br /> 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 Trust and <br /> the Note or other evidence of indebtedness which is secured hereby, together with a written request for the <br /> Trustee to proceed with a sale of the Property, pursuant to the provisions 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 required <br /> by law having elapsed after recordation of such notice of default, Trustee, without demand on Trustor, shall <br /> sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate <br /> parcels and in such order as it may determine, at public auction to the highest bidder for cash in lawful <br /> money of the United States, payable at time of sale. Trustee may, and at Beneficiary's request shall, <br /> postpone sale of all or any portion of the Property by public announcement at such time and place of sale, <br /> and from time to time thereafter may postpone such sale by public announcement at the time and place <br /> fixed by the preceding postponement. Trustee shall deliver to the purchaser its deed conveying the <br /> property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of <br /> any matters 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, including <br /> reasonable attorneys'fees in connection with sale, Trustee shall apply the proceeds of sale to payment of <br /> all sums advanced or expended by Beneficiary or Trustee under the terms hereof and all outstanding sums <br /> then secured hereby, and the remainder, if any, to the person or persons legally entitled thereto. <br /> Without limiting the generality of the foregoing, Trustor acknowledges and agrees that regardless <br /> of whether or not a default has occurred hereunder, if an Event of Default has occurred under the Loan <br /> Documents, and if in connection with such Event of Default Beneficiary exercises its right to foreclose on <br /> the Property, then: (i) Beneficiary shall be entitled to declare all amounts due under the Note immediately <br /> due and payable, and (ii) the proceeds of any sale of the Property in connection with such foreclosure shall <br /> be used to pay all Secured Obligations, including without limitation, the outstanding principal balance and <br /> all other amounts due under the Note. <br /> 2002455.2 i5 <br />