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<br />1908516.2 12 <br />D. Exercise all other rights and remedies provided herein, in the instruments by <br />which the Trustor acquires title to any Security, or in any other document or agreement now or <br />hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or <br />provided by law. <br /> 7.4 Foreclosure By Power of Sale. Should the Beneficiary elect to foreclose by <br />exercise of the power of sale herein contained, the Beneficiary shall give notice to the Trustee <br />(the “Notice of Sale”) and shall deposit with Trustee this Deed of Trust which is secured hereby <br />(and the deposit of which shall be deemed to constitute evidence that the unpaid principal <br />amount of the Note is immediately due and payable), and such receipts and evidence of any <br />expenditures made that are additionally secured hereby as Trustee may require. <br />A. Upon receipt of such notice from the Beneficiary, Trustee shall cause to be <br />recorded, published and delivered to Trustor such Notice of Default and Election to Sell as then <br />required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after lapse <br />of such time as may then be required by law and after recordation of such Notice of Default and <br />Election to Sell and after Notice of Sale having been given as required by law, sell the Security, <br />at the time and place of sale fixed by it in said Notice of Sale, whether as a whole or in separate <br />lots or parcels or items as Trustee shall deem expedient and in such order as it may determine <br />unless specified otherwise by the Trustor according to California Civil Code Section 2924g(b), at <br />public auction to the highest bidder, for cash in lawful money of the United States payable at the <br />time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient <br />deed or deeds conveying the property so sold, but without any covenant or warranty, express or <br />implied. The recitals in such deed or any matters of facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, <br />may purchase at such sale, and Trustor hereby covenants to warrant and defend the title of such <br />purchaser or purchasers. <br />B. After deducting all reasonable costs, fees and expenses of Trustee, including costs <br />of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale to <br />payment of: (i) the unpaid Principal amount of the Note; (ii) all other amounts owed to <br />Beneficiary under the Loan Documents; (iii) all other sums then secured hereby; and (iv) the <br />remainder, if any, to Trustor. <br />C. Trustee may postpone sale of all or any portion of the Property by public <br />announcement at such time and place of sale, and from time to time thereafter, and without <br />further notice make such sale at the time fixed by the last postponement, or may, in its discretion, <br />give a new Notice of Sale. <br /> 7.5 Receiver. If an Event of Default shall have occurred and be continuing, <br />Beneficiary, as a matter of right and without further notice to Trustor or anyone claiming under <br />the Security, and without regard to the then value of the Security or the interest of Trustor <br />therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or <br />receivers of the Security (or a part thereof), and Trustor hereby irrevocably consents to such <br />appointment and waives further notice of any application therefor. Any such receiver or <br />receivers shall have all the usual powers and duties of receivers in like or similar cases, and all <br />the powers and duties of Beneficiary in case of entry as provided herein, and shall continue as