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entitled to declare all amounts due under the Note immediately due and payable, and (ii) the <br /> proceeds of any sale of the Property in connection with such foreclosure shall be used to pay all <br /> Secured 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 /> Instead of paying cash for such property, Beneficiary may settle for the purchase price by <br /> crediting the sales price of the property against the following obligations: <br /> a. First, the portion of the Secured Obligations attributable to the expenses of sale, <br /> costs of any action and any other sums for which Trustor is obligated to pay or reimburse <br /> Beneficiary or Trustee under Section 7.12(c); and <br /> b. Second, the remaining balance of all other Secured Obligations in any order and <br /> proportions as Beneficiary in its sole discretion may choose. <br /> 8.4. Trustor's Right to Reinstate. Notwithstanding Beneficiary's acceleration of the <br /> sums secured by this Deed of Trust, Trustor shall have the right to have any proceedings begun <br /> by Beneficiary to enforce this Deed of Trust discontinued at any time prior to five days before <br /> sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time <br /> prior to entry of a judgment enforcing this Deed of Trust if: (a) Trustor pays Beneficiary all sums <br /> which would be then due under the Loan Documents if the Secured Obligations had no <br /> acceleration provision; (b) Trustor cures all breaches of any other covenants or agreements of <br /> Trustor contained in this Deed of Trust; (c)Trustor pays all reasonable expenses incurred by <br /> Beneficiary and Trustee in enforcing the covenants and agreements of Trustor contained in this <br /> Deed of Trust, and in enforcing Beneficiary's and Trustee's remedies as provided herein, <br /> including,but not limited to, reasonable attorney's fees; and(d) Trustor takes such action as <br /> Beneficiary may reasonably require to assure that the lien of this Deed of Trust,Beneficiary's <br /> interest in the Property and Trustor's obligation to pay the sums secured by this Deed of Trust <br /> shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the <br /> obligations secured hereby shall remain in full force and effect as if no acceleration had <br /> occurred. <br /> 9. Trustor's Waivers. To the fullest extent permitted by law, Trustor waives: (a) all statutes <br /> of limitations as a defense to any action or proceeding brought against Trustor by Beneficiary; <br /> (b) the benefit of all laws now existing or which may hereafter be enacted providing for any <br /> appraisement, valuation, stay, extension, redemption or moratorium; (c) all rights of marshalling <br /> in the event of foreclosure; and (d) all presentments, demands for performance, notices of <br /> nonperformance, protests, notices of protest, notices of dishonor, notices of acceptance of this <br /> Deed of Trust and of the existence, creation, or incurring of new or additional indebtedness, and <br /> demands and notices of every kind. <br /> • <br /> 144\221\1596079.2 <br />