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which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records <br />of the County in which the Property is located; or <br />(d) Exercise all other rights and remedies provided herein, in the instruments <br />by which the Trustor acquires title to the Property, including any Security, or in any other <br />document or agreement now or hereafter evidencing, creating or securing all or any portion of <br />the obligations secured hereby, or provided by law. <br />Section 4.4 Foreclosure By Power of Sale. Should the Beneficiary elect to foreclose by <br />exercise of the power of sale herein contained, the Beneficiary shall notify Trustee and shall deposit <br />with Trustee this Deed of Trust (and the deposit of which shall be deemed to constitute evidence <br />that the amount of the Promissory Note is immediately due and payable), and such receipts and <br />evidence of any 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 />after Notice of Sale having been given as required by law, sell the Property, at the time and place <br />of sale fixed by it in said Notice of Sale, either as a whole or in separate lots or parcels or items <br />as Trustee shall deem expedient and in such order as it may determine, at public auction to the <br />highest bidder, for cash in lawful money of the United States payable at the time of sale. Trustee <br />shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds <br />conveying the property so sold, but without any covenant or warranty, express or implied. The <br />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. <br />Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such <br />sale, and Trustor hereby covenants to warrant and defend the title of such purchaser or <br />purchasers. <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 Promissory Note; (ii) all other sums then secured hereby; and <br />(iii) the remainder, if any, to the person or persons legally entitled thereto. <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 />-------------------------------------- -- ---- <br />give a new notice of sale. <br />Section 4.5 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 />Security, and without regard to the then value of the Property or the interest of Trustor therein, <br />shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of <br />the Security (or a part thereof), and Trustor hereby irrevocably consents to such appointment. <br />Any such receiver or receivers shall have all the powers and duties of receivers in like or similar <br />cases, and all the powers and duties of Beneficiary in case of entry as provided herein, and shall <br />ATTACIMENT NO. 9-5 <br />DDCSOC/1400673v 141200272-0001