80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL

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which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of the County in which the Property is located; or (d) Exercise all other rights and remedies provided herein, its the instruments by which the Tru t r acquires title to the ro ert , including ny Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or provided by law. Section „ 4.4 Foreclosure ,,. By Power of Sale. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust (and the deposit of which shall be deemed to constitute evidence that the amount of the Promissory Note is iminedi tely due. and payable), and such receipts and evidence of any expenditures made that are additionally securcd hereby by as Trustee may require. (a) Upon receipt of such notice from the Beneficiary, Trustee shall cause to be recorded, published and delivered to Tr ustor such Notice of Default and Election to Sell as then required by law and by this Deed of Trust. Trustee shall, without demand on TrUstor, after lapse of such titre as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Property, at the time and place of sale fixed by it in said Notice of Sale, either as a whole or in separate lots or parcels or items as Trustee shall deem expedient and in such order as it may determine, at public aLIcti0II to the highest bidder, for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truffiftilness thereof. Any person, including, without limitation, Trus or, Trustee or Beneficiary, may purchase at such sale, and `I'rustor hereby covenants to warrant and defend the title of such purchaser or purchasers. (b) After deducting all reasonable costs, fees and expenses of Trustee, including costs of evidence of title its connection with such sale, Trustee shall apply the proceeds of sale to pays e t of: i the Promissory Note; (ii) all other sums. then secured hereby; and (iii) the remainder, if ably, to the person or persons legally entitled thereto. (c) Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from the to time thereafter, and without further notice take such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. Section 4.5 Receiver. If an Event of Default small have occurred and be continuing, Beneficiary, as a Tatter of right and without further notice to Tru for or anyone claiming under Security, and without regard to the then value of the Property or the interest of Tiustor therein, shall have the right to apply to any court ha ing jurisdiction to appoint a receiver or receivers of the Security or a pall thereof), and Truster hereby irrevocably consents to such appointment. Any such receiver or receivers shall have all the powers and duties of receivers in life or similar cases, and all the powers and duties of Beneficiary its case of entry as provided herein, and shall ATTACHMENT NO. - CSOCA400673v 13/200272-0001