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16. Severability. In the event that any provision or clause of this Deed of Trust or the <br />Promissory Note conflicts with applicable law, such conflict will not affect other provisions of this <br />Deed of Trust or the Promissory Note which can be given effect without the conflicting provision, <br />and to this end the provisions of the Deed of Trust and the Promissory Note are declared to be <br />severable. <br />17. Ca tions. The captions and headings in this Deed of Trust are for convenience only <br />and are not to be used to interpret or define the provisions hereof. <br />18. Default in Foreclosure• Remedies. Upon Trustor's breach of any covenant or <br />agreement of Trustor in this Deed of Trust or the Promissory Note secured by this Deed of Trust, <br />including, but not limited to, the covenants to pay, when due, any sums secured by this Deed of <br />Trust, or any default under any other agreement the performance of which is secured by this Deed of <br />Trust, the Beneficiary may declare all sums secured by this Deed of Trust immediately due and <br />payable by delivering to Trustor notice thereof specifying: (1) The breach; (2) the action required to <br />cure such breach; (3) a date not less than 30 days from the date the notice is received by Trustor as <br />shown on the return receipt, by which such breach is to be cured provided, however, that if such <br />default is not reasonable susceptible to being cured within 30 days, Trustor shall have a reasonable <br />period to cure the defect so long as Trustor is diligently prosecuting the cure to completion; and <br />(4) that failure to cure such breach on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Deed of Trust and sale of the Security. The notice will also <br />inform Trustor of Trustor's right to reinstate after acceleration and the right to bring a court action to <br />assert the non-existence of default or any other defense of Trustor to acceleration and sale. <br />If the breach is not cured on or before the date specified in the notice or such longer period as <br />provided above, the Beneficiary, at the Beneficiary's option, may: (a) declare all of the sums secured <br />by this Deed of Trust to be immediately due and payable without further demand and may invoke the <br />power of sale and any other remedies pei7nitted by California law; (b) either in person or by agent, <br />with or without bringing any action or proceeding, or by a receiver appointed by a court, and without <br />regard to the adequacy of its security, enter upon the Security and take possession thereof (or any <br />part thereof) and of any of the Security, in its own name or in the name of the Trustee, and do any <br />acts which it deems necessary or desirable to preserve the value or marketability of the Property, or <br />any part thereof or interest therein, increase the income therefrom or protect the security thereof. The <br />entering upon and taking possession of the Security shall not cure or waive any breach hereunder or <br />invalidate any act done in response to such breach and, notwithstanding the continuance in <br />possession of the Security, the Beneficiary shall be entitled to exercise every right provided for in <br />this Deed of Trust, or bylaw upon occurrence of any uncured breach, including the right to exercise <br />the power of sale; (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, or specifically enforce any of the covenants hereof; (d) deliver to the Trustee a written <br />declaration of default and demand for sale, pursuant to the provisions for notice of sale found at <br />California Civil Code Sections 2924, et sec ., as amended from time to time; or (e) exercise all other <br />rights and remedies provided herein, in the instruments by which Trustor acquires title to any <br />Security, or in any other document or agreement now or hereafter evidencing, creating or securing all <br />or any portion of the obligations secured hereby, or provided by law. <br />The Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in <br />pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorneys' <br />fees. <br />C-5 <br />D O C S O C/ 1475 221 v 5/200272-0004 <br />