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which no ti Trustee ste r 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* in the instruments by which the Trustor acquires title to the Property, including any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereb , 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 he deemed to constitute evidence that the amount of the Promissory Dote is immediately due and payable)* and such receipts and evidence of any expenditures made that are additionally secured hereby as Trustee may require. (a) Upon receipt of such notice from the Beneficiary, Trustee shall cause to he recorded, published and delivered to Trustor such Notice of Default and Election to Sell as then required by law and by this Deed of Trust. Trustee shall, wi thou t demand on Trustor, after lapse of such time as may then he required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, Belt 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 auction 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, e press or implied. The recitals in such deed of any matters or facts shall he conclusive proof of the truthfulness thereof. Any person, including, without limitation,, Trustor, Trustee or Beneficiary, mad► purchase at such sale* and Trustor 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 in connection with such sale, Trustee shall apply the proceeds of .gale to payment of: i the Promissory Note; (ii) all other sums then secured hereby; and (iii) the remainder, if any, to the person or persons legally entitled thereto. - - - - - -- - - - e Trustee may postpoiae sale of all or any portion of the Property by public hnneu neement at su ch time an d place of s ale: and from tune to- ti me thereafter, _ and withou t further notice male_ such- sale _at the time fixed by the l ast postponement, or may* i n its di scretion, give a new notice of sale. Section 4. 5 Receiver. If are Event of Default shall have occurred and be continuing, Beneficiary, as a matter of right and without further notice to Trustor or anyone claiming under Security, and without regard to the then value f the Property or the interest f Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Tru s for hereby irrevocably consents to such appointment. Any such receiver or receivers shall have all the powers and duties of receivers in like or similar cases, and all the powers and duties of Beneficiary i n case of entry as provided herein, and shall ATTACHMENT NO. - D O O 1400673 v 14/20027 - 0001