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and taking possession of the Security shall not cure or waive any Event of Default or Notice of <br />Sale (as defined below) hereunder or invalidate any act done in response to such Event of <br />Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of <br />the Security, Beneficiary shall be entitled to exercise every right provided for in this Deed of <br />Trust, or by law upon occurrence of any Event of Default, including the right to exercise the <br />power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or specifically enforce any of the covenants hereof, <br />(c) Deliver to Trustee a written declaration of default and demand for sale, <br />and a written notice of default and election to cause Trustor's interest in the Security to be sold <br />("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in <br />the Official Records of Alameda County; or <br />(d) Exercise all other rights and remedies provided herein, in the instruments <br />by which the Trustor acquires title to any Security, or in any other document or agreement now <br />or hereafter evidencing, creating or securing the Secured Obligations. <br />Section 7.4 Foreclosure By Power of Sale. <br />Should the Beneficiary elect to foreclose by exercise of the power of sale herein <br />contained, the Beneficiary shall deliver to the Trustee the Notice of Sale and shall deposit with <br />Trustee this Deed of Trust which is secured hereby (and the deposit of which shall be deemed to <br />constitute evidence that the Secured Obligations are immediately due and payable), and such <br />receipts and evidence of any expenditures made that are additionally secured hereby as Trustee <br />may require. <br />(a) Upon receipt of the Notice of Sale from the Beneficiary, Trustee shall <br />cause to be recorded, published and delivered to Trustor such Notice of Sale as then required by <br />law and by this Deed of Trust. Trustee shall, without demand on Trustor, after lapse of such <br />time as may then be required by law and after recordation of such Notice of Sale having been <br />given as required by law, sell the Security, at the time and place of sale fixed by it in the Notice <br />of Sale, whether as a whole or in separate lots or parcels or items as Trustee shall deem <br />expedient and in such order as it may determine unless specified otherwise by the Trustor <br />according to California Civil Code Section 2924g(b), at public auction to the highest bidder, for <br />cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to <br />such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the <br />property so sold, but without any covenant or warranty, express or implied. The recitals in such <br />deed or any matters of facts shall be conclusive proof of the truthfulness thereof. Any person, <br />including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale. <br />(b) After deducting all reasonable costs, fees and expenses of Trustee, <br />including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds <br />of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other Secured <br />Obligations owed to Beneficiary under the Loan Documents; (iii) all other sums then secured <br />hereby; and (iv) the remainder, if any, to Trustor. <br />fi <br />13 <br />