Common use of Trustee’s Sale Clause in Contracts

Trustee’s Sale. (i) Holder may execute and deliver to Trustee written declaration of default and demand for sale and written notice of default and of election to cause all or any part of the Property to be sold, which notice Trustee shall cause to be filed for record; and after the lapse of such time as may then be required by law following the recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Borrowers or Grantor, shall sell such Property at the time and place fixed by Trustee in such notice of sale, either as a whole or in separate parcels and in such order as Holder may direct (Borrowers and Grantor each waiving any right to direct the order of sale), at public auction to the highest bidder for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at such sale its deed conveying the property so sold, but without any covenant or warranty, express or implied, and the recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustee, Holder or any Lender, may purchase at such sale, and any bid by Holder or any Lender may be, in whole or in part, in the form of cancellation of all or any part of the Secured Indebtedness. (ii) The sale by Trustee of less than the whole of the Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole of the Property shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had been made; provided, however, that neither Borrowers nor Grantor shall have any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the Property. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It shall not be necessary for Trustee to have taken possession of any part of the Property or to have present or to exhibit at any sale any of the Collateral. (iv) After each sale, Trustee shall receive the proceeds of said sale and apply the same as herein provided. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the sale.

Trustee’s Sale. (i) Holder may execute and deliver Should Lender elect to Trustee written declaration of default and demand for sale and written notice of default and of election to cause all or any part foreclose by exercise of the Property power of sale contained herein, Lender shall notify Trustee and shall, if required, deposit with Trustee the Note, the original or a certified copy of this Deed of Trust, and such other documents, receipts and evidences of expenditures made and secured hereby as Trustee may require. The following paragraphs are subject to be soldthe provisions of applicable California law: (a) Upon receipt of such notice from Lender, which notice Trustee shall cause to be filed for record; recorded and delivered to Borrower such notice of default as may then be required by law and by this Deed of Trust. Trustee shall, without demand on Borrower, after the lapse of such time as may then be required by law following the and after recordation of such notice of default, default and after notice of sale having has been given as then required by law, Trustee, without demand on Borrowers or Grantor, shall sell such the Mortgaged Property at the time and place of sale fixed by Trustee it in such 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 Holder it may direct (Borrowers and Grantor each waiving any right to direct the order of sale)determine, at public auction to the highest bidder for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser or purchasers at such sale its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied, and the . The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trusteeincluding, Holder without limitation, Borrower, Trustee or any Lender, may purchase at such sale. To the extent permitted by law, and during any bid sale conducted by Holder or any Trustee pursuant to the power of sale contained in this Deed of Trust, Lender may bemay, in at Lender’s option, direct the Trustee to (i) sell the Mortgaged Property either as a whole or in partseparate parcels and in such order as Lender may determine and (ii) postpone the sale of all or any portion of the Mortgaged Property from time to time in accordance with the laws of the State of California. (b) Trustee may postpone the sale of all or any portion of the Mortgaged Property from time to time in accordance with the laws of the State in which the Land is located. (c) To the fullest extent allowed by law, Borrower hereby expressly waives any right which it may have to direct the order in which any of the Mortgaged Property shall be sold in the form event of cancellation any sale or sales pursuant to this Deed of Trust. (d) Upon any foreclosure sale, Lender may bid for and purchase the Mortgaged Property and shall be entitled to apply all or any part of the Secured IndebtednessIndebtedness as a credit to the purchase price. (iie) The Lender may from time to time rescind any notice of default or notice of sale by Trustee of less than before any Trustee’s sale as provided above in accordance with the whole laws of the Property State in which the Land is located. The exercise by Lender of such right of rescission shall not exhaust constitute a waiver of any breach or default then existing or subsequently occurring, or impair the right of Lender to execute and deliver to Trustee, as above provided, other declarations or notices of default to satisfy the obligations of this Deed of Trust, or otherwise affect any provision, covenant or condition of any Loan Document or any of the rights, obligations or remedies of Trustee or Lender hereunder or thereunder. (f) Trustee and Lender shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of Trust. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State in which the Land is located. To the extent consistent with applicable law, Trustee and Xxxxxx, and each of them, shall be entitled to enforce the payment and performance of the Indebtedness or the obligations hereunder and to exercise all rights and powers under this Deed of Trust or under any other Loan Document or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the Indebtedness and the obligations hereunder may now or hereafter be otherwise secured, whether by Deed of Trust, mortgage, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale herein grantedor other powers contained herein, shall prejudice or in any manner affect Trustee’s or Lender’s right to realize upon or enforce any other rights (other than any statutory restriction against pursuing a deficiency judgment based upon an election of remedies) or security now or hereafter held by Trustee or Lender. Trustee and Lender, and Trustee is specifically empowered to make successive sales under such power until the whole each of the Property them, shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right entitled to cause a subsequent sale or sales to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, enforce this Deed of Trust and the lien hereof shall remain any other rights or security now or hereafter held by Lender or Trustee in full force such order and effect manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy contained herein or by law provided or permitted, but each shall, to the unsold portion extent permitted by law, be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or remedy given by any of the Property just Loan Documents to Trustee or Lender, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as though no sale had been made; providedoften as may be deemed expedient by Trustee or Xxxxxx, howeverand either of them may pursue inconsistent remedies. To the extent permitted by applicable California law, that neither Borrowers nor Grantor shall have by exercising or by failing to exercise any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole electionoption or election hereunder, to request Trustee to sell less than the whole of the Property. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It Xxxxxx shall not be necessary for Trustee deemed to have taken possession of waived any part of the Property provision hereof or to have present or to exhibit at any sale released Borrower from any of the Collateral. (iv) After each saleobligations secured hereby unless such waiver or release is in writing and signed by Xxxxxx. The waiver by Lender of Borrower’s failure to perform or observe any term, Trustee shall receive the proceeds of said sale and apply the same as covenant or condition referred to or contained herein provided. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser be perform or observed by Borrower shall not be responsible for the application thereof. (v) Trustee deemed to be a waiver of such term, covenant or its successor condition or substitute may appoint or delegate of any one or more persons as agent subsequent failure of Borrower to perform or observe the same or any act other such term, covenant or acts necessary condition referred to or incident contained herein, and no custom or practice which may develop between Borrower and Lender during the term hereof shall be deemed a waiver of or in any way affect the right of Lender to any sale held insist upon the performance by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance Borrower of the property pursuant thereto as if such notice had been given by obligations secured hereby in strict accordance with the successor terms hereof or substitute Trustee conducting the saleof any other Loan Document.

Trustee’s Sale. (ia) Holder Lender may execute exercise its power of sale as provided by applicable Arizona statues, including but not limited to A.R.S. §§ 33-807 and deliver 33-808. Without limiting the foregoing, Lender may cause to Trustee written declaration of default be delivered and demand for sale and recorded any written notice of default breach and non-performance and of election to cause all or any part of the Trust Property to be sold, which notice Trustee shall cause to be filed for recordsold that is required by law; and after the lapse of such time as may then be required by law following the recordation of such notice of default, and notice of sale having been given as then required by lawrequired, Trustee, without demand on Borrowers or GrantorTrustor, shall sell such Trust Property at the time and place fixed by Trustee in such notice of sale, either as a whole or in separate parcels and in such order as Holder Lender may direct (Borrowers and Grantor each Trustor waiving any right to direct the order of sale), at public auction to the highest bidder for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of sale. Trustee may postpone the sale of all or any part of the Trust Property by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at such sale its deed conveying the property so sold, but without any covenant or warranty, express or implied, and the recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustee, Holder Trustee or any Lender, may purchase at such sale, and any bid by Holder or any Lender may be, in whole or in part, in the form of cancellation of all or any part of the Secured secured Indebtedness. (iib) The sale by Trustee of less than the whole of the Trust Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole of the Trust Property shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of XxxxxxLender, such sale shall not exhaust the power of sale hereunder and Xxxxxx Lender shall have the right to cause a subsequent sale or sales to be made hereunder. If the proceeds of any sale of less than the whole of the Trust Property shall be less than the aggregate of the Secured secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Trust Property just as though no sale had been made; provided, however, that neither Borrowers nor Grantor Trustor shall never have any right to require the sale of less than the whole of the Trust Property but Holder Lender shall have the right, at its its, sole election, to request Trustee to sell less than the whole of the Trust Property. (iiic) Trustee may, after any request or direction by XxxxxxLender, sell not only the real property Real Property but also the Collateral and all other interests which are a part of the Trust Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Trust Property separately from the remainder of the Lessee’s Interest or other Trust Property. It shall not be necessary for Trustee to have taken possession of any part of the Trust Property or to have it present or to exhibit it at any sale any of the Collateralsale. (ivd) After each sale, Trustee shall receive the proceeds of said sale and apply the same as herein providedprovided below in Section 6.3.5. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for the application thereof. (ve) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the sale.

Trustee’s Sale. Beneficiary may effect a trustee's sale of the -------------- Trust Property in whole or in part in lieu of judicial foreclosure to the extent and in any manner permitted by, and otherwise in accordance with, applicable law. The Beneficiary shall have the right forthwith, at the Beneficiary's election, by and through the Trustee or otherwise, to sell or offer for sale the Trust Property in such portions, order and parcels as the Beneficiary may determine, with or without having first taken possession of same, at public auction for cash or cash equivalent, including, without limitation, for certified checks, bank drafts, wire transfer funds, cashier checks and any other method of payment which, in the sole discretion of the Beneficiary, is "cash equivalent", to the highest and best bidder during legal hours, at any front door of the county courthouse of the county in which the Premises are situated after having advertised and given notice of said sale, giving the time, place and terms thereof, together with a description of the Premises according to the laws of the State of Mississippi governing sales of land under deeds of trust in force at the time the publication of said notice has begun. If the Premises are situated in two or more counties or in two judicial districts of the same county, then the Trustee shall have power, in case the Trustee is directed to foreclose under this Deed of Trust, to select in which county, or judicial district, the sale of all the Trust property shall be made, and the selection shall be binding upon the Trustor and the Beneficiary and all persons claiming through or under them, whether by contract or by law. The Trustee shall have full power to fix the day, time and place of sale, and may sell the Trust Property in parcels or as a whole as the Trustee may deem best. The Trustee shall have full power to conduct any sale through an agent appointed by the Trustee for the purpose, but said appointment of agent need not be recorded. At any such sale: (i) Holder may execute the Trustee shall not be required to have physically present, or to have constructive possession of, the Trust Property (the Trustor hereby covenanting and agreeing to deliver to the Trustee written declaration any portion of default the Trust Property not actually or constructively possessed by the Trustee immediately upon demand by the Trustee) and demand for the title to and right of possession of any such Trust Property shall pass to the purchaser thereof as completely as if the same had been actually present and delivered to purchaser at such sale; (ii) the Trustee may, from time to time adjourn said sale and written to a later date without readvertising, by giving notice of default and of election to cause all or any part of the Property to be sold, which notice Trustee shall cause to be filed for record; and after the lapse of such time as may then be required by law following the recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Borrowers or Grantor, shall sell such Property at the time and place fixed by Trustee in of such notice of sale, either as a whole or in separate parcels and in such order as Holder may direct (Borrowers and Grantor each waiving any right to direct the order of sale), at public auction to the highest bidder for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable continued sale at the time when and where the Trustee shall make such adjournment; (iii) each and every recital contained in any instrument of sale. conveyance made by the Trustee may postpone shall conclusively establish the truth and accuracy of the matters recited therein, including, without limitation, nonpayment of the indebtedness secured by this Deed of Trust, advertisement and conduct of such sale in the manner provided herein and otherwise by law and by appointment of any successor Trustee hereunder; (iv) any and all prerequisites to the validity of such sale shall be conclusively presumed to have been performed; (v) the receipt of the Trustee or of such other party making the sale shall be a sufficient discharge to the purchaser for its or his purchase money and no such purchaser, or its or his assigns, successors or personal representatives, shall thereafter be obligated to see to the application of such purchase money or be in any way answerable for any loss, misapplication or nonapplication thereof; (vi) the Trustor shall be completely and irrevocably divested of all the Trustor's right, title, interest, claim and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against the Trustor, and against any and all other persons claiming or to claim the Trust Property sold or any part thereof; (vii) the Beneficiary may be a purchaser at any such sale; and (viii) and the Trustee, in the Beneficiary's own name or as the attorney of the Property Trustor (the Trustee being for that purpose by public announcement at this Deed of Trust duly and irrevocably authorized and appointed as the time fixed by the preceding postponement. Trustee shall Trustor's agent and attorney in fact, coupled with an interest and with full power of substitution, delegation and revocation) to make, execute, acknowledge and deliver to the purchaser at or purchasers thereof a good and sufficient deed or deeds of the Trust Property in fee simple and to receive the proceeds of such sale its deed conveying or sales. The Trustor waives the property provisions of Section 89-1-55 of the Mississippi code of 1972, or laws amendatory thereof, if any, so sold, but without any covenant or warranty, express or impliedfar as the same restricts the right of the Trustee to offer at sale more than one hundred sixty (160) acres at a time, and the recitals Trustee may offer the Land as a whole, regardless of the manner in such deed which the Land may be described. Should the Trust Property be sold in one or more parcels as permitted herein, the right of sale arising out of any matters Event of Default shall not be exhausted by any one or facts shall more such sales, but other and successive sales may be conclusive proof made until all of the truthfulness thereof. Any person, including Trustee, Holder Trust Property has been sold or any Lender, may purchase at such sale, and any bid by Holder or any Lender may be, in whole or in part, in the form of cancellation of all or any part of the Secured Indebtedness. (ii) The sale by Trustee of less than the whole of the Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole of the Property shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, indebtedness secured by this Deed of Trust has fully satisfied. The Trustor hereby irrevocably and the lien hereof shall remain in full force unconditionally waives and effect as releases: (i) all benefits that might accrue to the unsold portion Trustor by virtue of any present or future law exempting the Trust Property from attachment, levy or sale or execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (ii) all notices of any Event of Default or of the Property just as though no sale had been madeTrustee's exercise of any right, remedy or recourse provided for hereunder or under the Credit Agreement; provided, however, that neither Borrowers nor Grantor shall have and (iii) any right to require the a marshalling of assets or a sale in inverse order of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the Propertyalienation. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It shall not be necessary for Trustee to have taken possession of any part of the Property or to have present or to exhibit at any sale any of the Collateral. (iv) After each sale, Trustee shall receive the proceeds of said sale and apply the same as herein provided. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the sale.

Trustee’s Sale. (ia) Holder may execute If an Event of Default shall occur and deliver to be continuing, Trustee written declaration will, at the request of default and demand for sale and written notice of default and of election to cause Mortgagee, sell all or any part of the Mortgaged Property as an entirety or in parcels, by one sale or by several sales held at one time or at different times, all as Trustee in Trustee's discretion elects. The sale will be made in accordance with Texas Property Code Section 51.002 or any successor statute. If the Land is situated in more than one county, then required notices will be given in both or all of such counties, the Mortgaged Property may be sold in either or any such county, and such notices shall designate the county where the Mortgaged Property will be sold. The affidavit of any person having knowledge of the facts to the effect that require notices were posted, filed or mailed will be prima facie evidence of the facts recited in the affidavit. The Trustee's deed at any such sale will be with general warranty, and Mortgagor will warrant and forever defend the title of the purchaser or purchasers. Mortgagee may be the purchaser at any sale made hereunder, and credit the sale price against the Debt. Any deed so executed by Trustee will be prima facie proof of all factual matters stated in it. The purchaser or purchasers named in any such deed, and all persons subsequently dealing with the property purported to be soldthereby conveyed, which notice will be fully protected in relying upon the truthfulness of factual matters stated in the deed. After any Trustee's sale, Mortgagor will surrender immediate possession and control of the property purchased to the purchaser. If Mortgagor falls to surrender possession, Mortgagor will be a tenant at will. (b) Mortgagee may at any time before the sale direct Trustee shall cause to be filed for record; and after abandon the lapse of such time as may then be required by law following the recordation of such notice of defaultsale, and notice of sale having been given as then required may at any time thereafter direct Trustee to again commence foreclosure. Whether or not foreclosure is commenced by law, Trustee, without demand on Borrowers or Grantor, shall sell such Property Mortgagee may at the any time and place fixed by Trustee in such notice after an Event of sale, either as a whole or in separate parcels and in such order as Holder may direct (Borrowers and Grantor each waiving any right to direct the order of sale), at public auction to the highest bidder Default occurs institute suit for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of sale. Trustee may postpone the sale collection of all or any part of the Property by public announcement Debt or foreclosure of the lien of this Deed of Trust or both. If Mortgagee institutes suit for collection of the Debt and foreclosure of the lien of this Deed of Trust, Mortgagee may at any time before the time fixed by entry of final judgment dismiss the preceding postponement. Trustee shall deliver to the purchaser at such sale its deed conveying the property so sold, but without any covenant or warranty, express or impliedsame, and require Trustee to sell the recitals Mortgaged Property in such deed accordance with the provisions of any matters this Deed of Trust. No single sale or facts shall be conclusive proof series of sales under this Deed of Trust or by judicial foreclosure will extinguish the truthfulness thereof. Any person, including Trustee, Holder lien or any Lender, may purchase at such sale, and any bid by Holder or any Lender may be, in whole or in part, in the form of cancellation of all or any part of the Secured Indebtedness. (ii) The sale by Trustee of less than the whole of the Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole of the Property shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as except with respect to the unsold portion items of the Property just as though no sale had been made; provided, however, that neither Borrowers nor Grantor shall have any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the Propertyproperty sold. (iiic) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It shall not be necessary for Trustee to have taken possession of any part of the Property or to have present or to exhibit at any sale any of the Collateral. (iv) After each sale, Trustee shall receive will apply the proceeds of said sale and apply sale, first to the same as herein provided. Payment payment of all expenses of the purchase price sale, second to Trustee shall satisfy the obligation payment of purchaser at such sale thereforthe Debt in any order Mortgagee chooses and third the balance, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident if any, to any sale held by Trusteeperson who is entitled to it. This paragraph does not give any right, including the posting remedy or claim to any holder of notices and the conduct of saleany obligation or lien, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the saleother than Mortgagee.

Trustee’s Sale. (i) Holder may execute When Grantor has defaulted, and deliver Beneficiary has accelerated the time for payment of the Note as above provided, it shall be the duty of the Trustee, at the request of Beneficiary to enforce this Trust in the following manner, The Trustee written declaration shall advertise the time, place and terms of default and demand for the sale and written notice of default and of election to cause all the Property or any part thereof for at least twenty-one (21) days preceding the day of sale by posting written or printed notices thereof at the courthouse door of the Property to be sold, which notice Trustee shall cause to be filed for record; and after the lapse of such time as may then be required by law following the recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Borrowers or Grantor, shall sell such Property at the time and place fixed by Trustee in such notice of sale, either as a whole or in separate parcels and in such order as Holder may direct (Borrowers and Grantor each waiving any right to direct the order of sale), at public auction to the highest bidder for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at such sale its deed conveying the property so sold, but without any covenant or warranty, express or implied, and the recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustee, Holder or any Lender, may purchase at such sale, and any bid by Holder or any Lender may be, in whole or in part, in the form of cancellation of all or any part of the Secured Indebtedness. (ii) The sale by Trustee of less than the whole of the Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole of the Property shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had been made; provided, however, that neither Borrowers nor Grantor shall have any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the Property. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of county where the Property, or any part thereof, as a unit is situated and as a part of a single salewhich notice may be posted by the Trustee, or may by any person acting for him and by filing a copy of such notice in the office of the County Clerk of the county in which the sale is made at least twenty-one (21) days preceding the date of sale; the Trustee shall then sell the Property or any part thereof in accordance with such notice at the courthouse door of the Property separately from county in which the remainder notice has been posted on the first Tuesday of any month between the hours of 10:00 o'clock a.m, and 4:00 o'clock p.m, to the highest bidder for cash, selling all or any portion of the Property, as an entirety, or in such parcels as the Trustee may elect, and the Trustee may make due conveyance to the purchaser, with general warranty binding the Grantor, its successors and assigns. It Out of the proceeds of such sale, Trustee shall not first pay all of the expenses of advertising the sale and making the conveyance, including a Trustee's commission or fee in a reasonable amount, which commission or fee shall be necessary due and owing in addition to the attorney's fees provided for Trustee in the Note secured hereby. After payment of expenses and commissions, Beneficiary shall be paid the full amount of principal, interest, attorney's fees and other charges due and unpaid on the Note, with the balance of the proceeds of such sale, if any, to be paid by Grantor, its successors and assigns. The recitals in the conveyance to the purchaser shall be full and conclusive evidence of the truth of the matters therein stated, and all prerequisites to such sale shall be presumed to have taken possession of been performed, and such sale and conveyance by the Trustee shall be conclusive against the Grantor, its successors and assigns. Beneficiary shall have the right to purchase at any part sale of the Property or any part thereof if it is the highest bidder thereon and its shall have the right to have present the amount for which the Property or to exhibit any part thereof is sold credited on its indebtedness then owing. In the event a foreclosure hereunder should be commenced by the Trustee, Beneficiary, at any time before the sale any of the Collateral. (iv) After each Property or any part thereof, may direct Trustee to abandon the sale, Trustee shall receive and may then institute suit for the proceeds collection of the Note and for judicial foreclosure of this Deed of Trust lien. If such a suit should be instituted, Beneficiary, at any time before the entry of a final judgment in said sale and apply suit, may dismiss the same as herein provided. Payment and require Trustee to sell the Property in accordance with the provisions of this Deed of Trust in addition to the purchase price to Trustee shall satisfy printed notice hereinabove provided for, Beneficiary, at least twenty-one (21) days preceding the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct date of sale, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given serve written notice of the proposed sale hereunderby certified mail on each debtor who, any successor or substitute Trustee thereafter appointed may according to Beneficiary's records is obligated to pay the indebtedness secured by this Deed of Trust Notice shall be complete the sale and the conveyance upon deposit of the property pursuant thereto notice, enclosed in a postpaid wrapper, addressed to such debtor at the most recent address as if such notice had been given shown by Beneficiary's records, in a post office or official depository under the successor or substitute Trustee conducting care and custody of the saleUnited States Postal Service.

Trustee’s Sale. (i) Holder may execute and deliver to Section 9.1. If an Event of Default occurs, Trustee written declaration will, at the request of default and demand for sale and written notice of default and of election to cause Mortgagee, sell all or any part of the Mortgaged Property as an entirety or in parcels, by one sale or by several sales held at one time or at different times, all as Trustee in Trustee's discretion elects. The sale will be made in accordance with Texas Property Code Section 51.002 or any successor statute. If the Land is situated in more than one county, then required notices will be given in both or all of such counties, the Mortgaged Property may be sold in either or any such county, and such notices shall designate the county where the Mortgaged Property will be sold. The affidavit of any person having knowledge of the facts to the effect that required notices were posted, filed or mailed will be prima facie evidence of the facts recited in the affidavit. The Trustee's deed at any such sale will be with general warranty, and Mortgagor will warrant and forever defend the title of the purchaser or purchasers. Mortgagee or any Bank may be the purchaser at any sale made hereunder, and credit the sale price against the Debt. Any deed so executed by Trustee will be prima facie proof of all factual matters stated in it. The purchaser or purchasers named in any such deed, and all persons subsequently dealing with the property purported to be soldthereby conveyed, which notice will be fully protected in relying upon the truthfulness of factual matters stated in the deed. After any Trustee's sale, Mortgagor will surrender immediate possession and control of the property purchased to the purchaser. If Mortgagor fails to surrender possession, Mortgagor will be a tenant at will. Section 9.2. Mortgagee may at any time before the sale direct Trustee shall cause to be filed for record; and after abandon the lapse of such time as may then be required by law following the recordation of such notice of defaultsale, and notice of sale having been given as then required may at any time thereafter direct Trustee to again commence foreclosure. Whether or not foreclosure is commenced by law, Trustee, without demand on Borrowers or Grantor, shall sell such Property Mortgagee may at the any time and place fixed by Trustee in such notice after an Event of sale, either as a whole or in separate parcels and in such order as Holder may direct (Borrowers and Grantor each waiving any right to direct the order of sale), at public auction to the highest bidder Default occurs institute suit for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of sale. Trustee may postpone the sale collection of all or any part of the Property by public announcement Debt or foreclosure of the lien of this Deed of Trust or both. If Mortgagee institutes suit for collection of the Debt and foreclosure of the lien of this Deed of Trust, Mortgagee may at any time before the time fixed by entry of final judgment dismiss the preceding postponement. Trustee shall deliver to the purchaser at such sale its deed conveying the property so sold, but without any covenant or warranty, express or impliedsame, and require Trustee to sell the recitals Mortgaged Property in such deed accordance with the provisions of any matters this Deed of Trust. No single sale or facts shall be conclusive proof series of sales under this Deed of Trust or by judicial foreclosure will extinguish the truthfulness thereof. Any person, including Trustee, Holder lien or any Lender, may purchase at such sale, and any bid by Holder or any Lender may be, in whole or in part, in the form of cancellation of all or any part of the Secured Indebtedness. (ii) The sale by Trustee of less than the whole of the Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole of the Property shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as except with respect to the unsold portion items of the Property just as though no sale had been made; provided, however, that neither Borrowers nor Grantor shall have any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the Propertyproperty sold. (iii) Section 9.3. Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It shall not be necessary for Trustee to have taken possession of any part of the Property or to have present or to exhibit at any sale any of the Collateral. (iv) After each sale, Trustee shall receive will apply the proceeds of said sale and apply sale, first to the same as herein provided. Payment payment of all expenses of the purchase price sale, second to Trustee shall satisfy the obligation payment of purchaser at such sale thereforthe Debt in any order Mortgagee chooses and third the balance, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident if any, to any sale held by Trusteeperson who is entitled to it. THIS PARAGRAPH DOES NOT GIVE ANY RIGHT, including the posting of notices and the conduct of saleREMEDY OR CLAIM TO ANY HOLDER OF ANY OBLIGATION OR LIEN, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the saleOTHER THAN MORTGAGEE AND THE BANKS.

Trustee’s Sale. Beneficiary may foreclose this Deed of Trust by way of a trustee’s sale pursuant to the provisions of Title 57, Chapter 1, Utah Code Annotated, as currently in effect, as amended, or in any other manner then permitted by law (i) Holder may execute and deliver to Trustee written declaration of default and demand for sale and written notice of default and of election to cause all or any part of the Property to be sold, which notice Trustee shall cause to be filed for record; and after “Trustee’s Sale”). After the lapse of such time as may then be required by law following the recordation of such said notice of default, and notice of default and notice of sale having been given as then required by law, Trustee, without demand on Borrowers or GrantorTrustor, shall sell such the Subject Property on the date and at the time and place fixed by Trustee designated in such said notice of sale, either as a whole or in separate parcels parts or parcels, and in the absence of direction by Trustor, in such order as Holder it may direct (Borrowers and Grantor each waiving any right to direct the order of sale)determine, at public auction to the highest bidder for cash bidder, the purchase price payable in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of the sale. To the extent allowed by law, the person conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, postponement shall be given by public declaration thereof at the time and place last appointed for sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding postponement. Trustee shall execute and deliver to the purchaser at such sale its trustee’s deed conveying the said property so sold, but without any covenant or warranty, express or implied, and the . The recitals in such the trustee’s deed of any matters or facts shall be conclusive proof as to bona fide third parties of the truthfulness thereof. Any person, including Trustee, Holder or any LenderBeneficiary, may purchase bid at such the sale, and any bid by Holder or any Lender may be, in whole or in part, in . Trustee shall apply the form of cancellation of all or any part proceeds of the Secured Indebtedness. sale to payment of (ii1) The sale by Trustee the costs and expenses of less than the whole of the Property shall not exhaust exercising the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole of the Property shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had been made; provided, however, that neither Borrowers nor Grantor shall have any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the Property. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It shall not be necessary for Trustee to have taken possession of any part of the Property or to have present or to exhibit at any sale any of the Collateral. (iv) After each sale, Trustee shall receive the proceeds of said sale and apply the same as herein provided. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf payment of Trustee’s and reasonable attorney’s fees; (2) the obligations secured hereby; and (3) the remainder, its successor if any, to the person or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the salepersons entitled thereto.

Trustee’s Sale. (i1) Holder may execute Upon the occurrence and deliver to during the continuance of an Event of Default under this Deed of Trust, the Credit Agreement, the Notes or any other Loan Document, then the Secured Obligations then remaining unpaid shall, at the option of the Beneficiary, become immediately due and payable regardless of maturity, without notice or demand, and this Deed of Trust shall remain in force, and the Trustee written declaration shall, after receiving notice of default the election and demand for sale and written notice of default and of election from the Beneficiary, proceed to cause all sell the Mortgaged Property as one parcel in its entirety or any part thereof, either in mass or in parcels, at the absolute discretion of the Trustee, at public venue at the door of the courthouse or other location then customarily employed for that purpose in the county where the Mortgaged Property is located, first making or causing to be made or given notice of the time and place of sale, and a description of the property to be sold, which notice by advertisement published as provided by the laws of the State of Missouri then in effect, and upon sale, the Trustee shall cause execute and deliver a deed of conveyance of the property sold to the purchaser or purchasers thereof, and any statement or recital of fact in such deed, in relation to the non-payment of the money hereby secured to be filed for record; and after paid, existence of the lapse of such time as may then be required by law following the recordation of such indebtedness so secured, notice of defaultadvertisement, sale and notice receipt of sale having been given as then required by law, Trustee, without demand on Borrowers or Grantor, shall sell such Property at the time and place fixed by Trustee in such notice proceeds of sale, either shall be presumptive, evidence of the truth of such statements or recital, and the Trustee shall receive the proceeds of such sale out of which the Trustee shall dispose of the proceeds in accordance with this Deed of Trust. The Trustee may bid and become purchaser at any sale under this Deed of Trust. The power of sale hereunder shall not be exhausted by any one or more such sales (or attempts to sell) as a whole to all or any portion of the Mortgaged Property remaining unsold, but shall continue unimpaired until all of the Mortgaged Property has been sold or the indebtedness of Grantor to the Beneficiary or the Lenders secured hereby shall have been paid in full. The Trustee may sell and convey the Mortgaged Property under the power aforesaid, although the Trustee has been, may now be or may hereafter be attorney or agent of the Beneficiary in respect to the loans and other financial accommodations made by Beneficiary and the Lenders evidenced by the Credit Agreement or this Deed of Trust or in separate parcels and in such order as Holder may direct (Borrowers and Grantor each waiving respect to any right to direct matter of business whatsoever. The Trustee hereby lets the order of sale), at public auction Mortgaged Property to the highest bidder for cash in lawful money Grantor until a sale be had under the foregoing provisions during the continuance of an Event of Default, upon the United States (following terms and conditions, such letting being to-wit: The Grantor and every and all persons claiming or cash equivalents acceptable to Trustee possessing the Mortgaged Property, or any part thereof, by, through or under Grantor shall pay rent therefor during said term at the rate of one cent per month, payable monthly upon demand, and shall surrender immediate peaceable possession of said Property, to the extent permitted by applicable law)purchaser thereof, payable at under such sale, without notice or demand therefor. Should possession not be surrendered as provided for herein, the time of sale. purchaser shall be entitled to institute proceedings for possession as aforesaid. (2) Trustee may postpone the sale of all or any part portion of the Mortgaged Property by public announcement at from time to time in accordance with the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at such sale its deed conveying the property so sold, but without any covenant or warranty, express or implied, and the recitals in such deed of any matters or facts shall be conclusive proof laws of the truthfulness thereof. Any person, including Trustee, Holder or any Lender, may purchase at such sale, and any bid by Holder or any Lender may be, State in whole or in part, in which the form of cancellation of all or any part of the Secured IndebtednessLand is located. (ii3) The sale To the fullest extent allowed by Trustee of less than law, Grantor hereby expressly waives any right which it may have to direct the whole order in which any of the Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole of the Mortgaged Property shall be sold. In sold in the event of any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales pursuant to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had been made; provided, however, that neither Borrowers nor Grantor shall have any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the PropertyTrust. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It shall not be necessary for Trustee to have taken possession of any part of the Property or to have present or to exhibit at any sale any of the Collateral. (iv) After each sale, Trustee shall receive the proceeds of said sale and apply the same as herein provided. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the sale.

Trustee’s Sale. (i) Holder may execute and deliver Should Lender elect to Trustee written declaration of default and demand for sale and written notice of default and of election to cause all or any part foreclose by exercise of the Property power of sale contained herein, Lender shall notify Trustee and shall, if required, deposit with Trustee the Note, the original or a certified copy of this Deed of Trust, and such other documents, receipts and evidences of expenditures made and secured hereby as Trustee may require. The following paragraphs are subject to be soldthe provisions of applicable California law: (a) Upon receipt of such notice from Lender, which notice Trustee shall cause to be filed for record; recorded and delivered to Borrower such notice of default as may then be required by law and by this Deed of Trust. Trustee shall, without demand on Borrower, after the lapse of such time as may then be required by law following the and after recordation of such notice of default, default and after notice of sale having has been given as then required by law, Trustee, without demand on Borrowers or Grantor, shall sell such the Mortgaged Property at the time and place of sale fixed by Trustee it in such 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 Holder it may direct (Borrowers and Grantor each waiving any right to direct the order of sale)determine, at public auction to the highest bidder for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser or purchasers at such sale its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied, and the . The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trusteeincluding, Holder without limitation, Borrower, Trustee or any Lender, may purchase at such sale. To the extent permitted by law, and during any bid sale conducted by Holder or any Trustee pursuant to the power of sale contained in this Deed of Trust, Lender may bemay, in at Lender's option, direct the Trustee to (i) sell the Mortgaged Property either as a whole or in partseparate parcels and in such order as Lender may determine and (ii) postpone the sale of all or any portion of the Mortgaged Property from time to time in accordance with the laws of the State of California. (b) Trustee may postpone the sale of all or any portion of the Mortgaged Property from time to time in accordance with the laws of the State in which the Land is located. (c) To the fullest extent allowed by law, Borrower hereby expressly waives any right which it may have to direct the order in which any of the Mortgaged Property shall be sold in the form event of cancellation any sale or sales pursuant to this Deed of Trust. (d) Upon any foreclosure sale, Lender may bid for and purchase the Mortgaged Property and shall be entitled to apply all or any part of the Secured IndebtednessIndebtedness as a credit to the purchase price. (iie) The Lender may from time to time rescind any notice of default or notice of sale by Trustee of less than before any Trustee’s sale as provided above in accordance with the whole laws of the Property State in which the Land is located. The exercise by Lender of such right of rescission shall not exhaust constitute a waiver of any breach or default then existing or subsequently occurring, or impair the right of Lender to execute and deliver to Trustee, as above provided, other declarations or notices of default to satisfy the obligations of this Deed of Trust, or otherwise affect any provision, covenant or condition of any Loan Document or any of the rights, obligations or remedies of Trustee or Lender hereunder or thereunder. (f) Trustee and Lender shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of Trust. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State in which the Land is located. To the extent consistent with applicable law, Trustee and Xxxxxx, and each of them, shall be entitled to enforce the payment and performance of the Indebtedness or the obligations hereunder and to exercise all rights and powers under this Deed of Trust or under any other Loan Document or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the Indebtedness and the obligations hereunder may now or hereafter be otherwise secured, whether by Xxxx of Trust, mortgage, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale herein grantedor other powers contained herein, shall prejudice or in any manner affect Trustee’s or Lender’s right to realize upon or enforce any other rights (other than any statutory restriction against pursuing a deficiency judgment based upon an election of remedies) or security now or hereafter held by Trustee or Lender. Trustee and Lender, and Trustee is specifically empowered to make successive sales under such power until the whole each of the Property them, shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right entitled to cause a subsequent sale or sales to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, enforce this Deed of Trust and the lien hereof shall remain any other rights or security now or hereafter held by Lender or Trustee in full force such order and effect manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy contained herein or by law provided or permitted, but each shall, to the unsold portion extent permitted by law, be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or remedy given by any of the Property just Loan Documents to Trustee or Lender, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as though no sale had been made; providedoften as may be deemed expedient by Trustee or Xxxxxx, howeverand either of them may pursue inconsistent remedies. To the extent permitted by applicable California law, that neither Borrowers nor Grantor shall have by exercising or by failing to exercise any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole electionoption or election hereunder, to request Trustee to sell less than the whole of the Property. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It Xxxxxx shall not be necessary for Trustee deemed to have taken possession of waived any part of the Property provision hereof or to have present or to exhibit at any sale released Borrower from any of the Collateral. (iv) After each saleobligations secured hereby unless such waiver or release is in writing and signed by Xxxxxx. The waiver by Lender of Borrower’s failure to perform or observe any term, Trustee shall receive the proceeds of said sale and apply the same as covenant or condition referred to or contained herein provided. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser be perform or observed by Borrower shall not be responsible for the application thereof. (v) Trustee deemed to be a waiver of such term, covenant or its successor condition or substitute may appoint or delegate of any one or more persons as agent subsequent failure of Borrower to perform or observe the same or any act other such term, covenant or acts necessary condition referred to or incident contained herein, and no custom or practice which may develop between Borrower and Lender during the term hereof shall be deemed a waiver of or in any way affect the right of Lender to any sale held insist upon the performance by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance Borrower of the property pursuant thereto as if such notice had been given by obligations secured hereby in strict accordance with the successor terms hereof or substitute Trustee conducting the saleof any other Loan Document.

Trustee’s Sale. Beneficiary may foreclose this Deed of Trust by way of a trustee’s sale pursuant to the provisions of Title 57, Chapter 1, Utah Code Annotated, as currently in effect, as amended, or in any other manner then permitted by law (i) Holder may execute and deliver to “Trustee written declaration of default and demand for sale and written notice of default and of election to cause all or any part of the Property to be sold, which notice Trustee shall cause to be filed for record; and after Sale”). After the lapse of such time as may then be required by law following the recordation of such said notice of default, and notice of default and notice of sale having been given as then required by law, Trustee, without demand on Borrowers or GrantorTrustor, shall sell such the Subject Property on the date and at the time and place fixed by Trustee designated in such said notice of sale, either as a whole or in separate parcels parts or parcels, and in the absence of direction by Trustor, in such order as Holder it may direct (Borrowers and Grantor each waiving any right to direct the order of sale)determine, at public auction to the highest bidder for cash bidder, the purchase price payable in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of the sale. To the extent allowed by law, the person conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, postponement shall be given by public declaration thereof at the time and place last appointed for sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding postponement. Trustee shall execute and deliver to the purchaser at such sale its trustee’s deed conveying the said property so sold, but without any covenant or warranty, express or implied, and the . The recitals in such the trustee’s deed of any matters or facts shall be conclusive proof as to bona fide third parties of the truthfulness thereof. Any person, including Trustee, Holder or any LenderBeneficiary, may purchase bid at such the sale, and any bid by Holder or any Lender may be, in whole or in part, in . Trustee shall apply the form of cancellation of all or any part proceeds of the Secured Indebtedness. sale to payment of (ii1) The sale by Trustee the costs and expenses of less than the whole of the Property shall not exhaust exercising the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole of the Property shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had been made; provided, however, that neither Borrowers nor Grantor shall have any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the Property. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It shall not be necessary for Trustee to have taken possession of any part of the Property or to have present or to exhibit at any sale any of the Collateral. (iv) After each sale, Trustee shall receive the proceeds of said sale and apply the same as herein provided. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf payment of Trustee’s and attorney’s fees; (2) the Secured Obligations; and (3) the remainder, its successor if any, to the person or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the salepersons entitled thereto.

Trustee’s Sale. (i) Holder may execute and deliver Should Agent elect to Trustee written declaration of default and demand for sale and written notice of default and of election to cause all or any part foreclose by exercise of the Property to be soldpower of sale contained herein, which Agent shall notify Trustee and shall, if required, deposit with Trustee the Notes, the original or a certified copy of this Deed of Trust, and such other documents, receipts and evidences of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice from Agent, Trustee shall cause to be filed for record; recorded and delivered to Trustor such notice of default as may then be required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after the lapse of such time as may then be required by law following the and after recordation of such notice of default, default and after notice of sale having has been given as then required by law, Trustee, without demand on Borrowers or Grantor, shall sell such the Property at the time and place of sale fixed by Trustee it in such 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 Holder it may direct (Borrowers and Grantor each waiving any right to direct the order of sale)determine, at public auction to the highest bidder for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), State payable at the time of sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser or purchasers at such sale its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied, and the . The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trusteeincluding, Holder without limitation, Trustor, Trustee or any LenderAgent, may purchase at such sale, and any bid by Holder Trustor hereby covenants to warrant and defend the title of such purchaser or any Lender purchasers. (b) Trustee may be, in whole or in part, in postpone the form of cancellation sale of all or any part portion of the Secured IndebtednessProperty from time to time in accordance with the laws of the State in which the Land is located. (iic) The sale To the fullest extent allowed by Trustee of less than law, Trustor hereby expressly waives any right which it may have to direct the whole of the Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole order in which any of the Property shall be sold. In sold in the event of any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales pursuant to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had been made; provided, however, that neither Borrowers nor Grantor shall have any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the PropertyTrust. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It shall not be necessary for Trustee to have taken possession of any part of the Property or to have present or to exhibit at any sale any of the Collateral. (iv) After each sale, Trustee shall receive the proceeds of said sale and apply the same as herein provided. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the sale.

Trustee’s Sale. (i) Holder A. If any Event of Default hereunder occurs, Beneficiary may execute and deliver invoke the power of sale by delivering to Trustee a written declaration statement of default and demand for sale and written notice breach or non-performance. Trustee shall then record a Notice of default and of election to cause all or any part Sale in the Recorder's Office of the county in which the Property is located and shall mail copies of the Notice of Sale and any other notice as prescribed by applicable law to be sold, which notice Trustee shall cause Trustor and to be filed for record; and after the lapse of other persons as prescribed by applicable law. After such time as may then be required by law following the recordation of such notice of defaultapplicable law, and notice after publication and posting of sale having been given as then required by the Notice of Sale in accordance with applicable law, Trustee, without demand on Borrowers or GrantorTrustor, shall sell such the Property at the time and place fixed by Trustee in such notice of sale, either as a whole or in separate parcels and in such order as Holder may direct (Borrowers and Grantor each waiving any right to direct the order of sale), at public auction to the highest bidder for cash at the time and place designated in lawful money the Notice of Sale. Trustee may postpone sale of the United States (or cash equivalents acceptable Property by public declaration at the time and place of any previously scheduled sale unless otherwise required by applicable law. Beneficiary shall be entitled to Trustee a credit against its bid up to and including the entire amount of the Secured Obligations, to the extent permitted by applicable law), payable at the time of sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at such sale its Trustee's deed conveying the property so sold, but Property without any covenant or warranty, express expressed or implied, and . The proceeds of the recitals in such deed of any matters or facts sale shall be conclusive proof applied in the following order: (i) to all reasonable expenses of the truthfulness thereof. Any person, including Trustee, Holder or any Lender, may purchase at such sale, including, but not limited to, Trustee's fees and any bid by Holder or any Lender may be, in whole or in part, in the form of cancellation of all or any part of the Secured Indebtedness. attorneys' fees; (ii) The sale to all sums secured by Trustee this Deed of less than Trust; and (iii) any excess to the whole person or persons legally entitled to it or to the County Treasurer of the Property shall not exhaust county in which the power of sale herein grantedtook place, and Trustee is specifically empowered to make successive sales under such power until the whole of the Property shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales to be made hereunder. If the proceeds of any as otherwise provided by law. B. A sale of less than the whole of the Property or any defective or irregular sale made hereunder shall not exhaust the power of sale provided for herein; and subsequent sales may be less than the aggregate of the made hereunder until all Secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had Obligations have been made; provided, however, that neither Borrowers nor Grantor shall have any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the Property. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Propertysatisfied, or any part thereofthe entire Property sold, as a unit and as a part of a single sale, without defect or may sell any part of the Property separately from the remainder of the Property. It shall not be necessary for Trustee to have taken possession of any part of the Property or to have present or to exhibit at any sale any of the Collateralirregularity. (iv) After each sale, Trustee shall receive the proceeds of said sale and apply the same as herein provided. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the sale.

Trustee’s Sale. (i) Holder may execute and deliver Should Beneficiary elect to Trustee written declaration of default and demand for sale and written notice of default and of election to cause all or any part foreclose by exercise of the Property to be soldpower of sale contained herein, which Beneficiary shall notify Trustee and shall, if required, deposit with Trustee the Notes, the original or a certified copy of this Deed of Trust, and such other documents, receipts and evidences of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be filed for record; recorded and delivered to Trustor such notice of default as may then be required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after the lapse of such time as may then be required by law following the and after recordation of such notice of default, default and after notice of sale having has been given as then required by law, Trustee, without demand on Borrowers or Grantor, shall sell such the Property at the time and place of sale fixed by Trustee it in such 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 Holder it may direct (Borrowers and Grantor each waiving any right to direct the order of sale)determine, at public auction to the highest bidder for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), State payable at the time of sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser or purchasers at such sale its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied, and the . The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trusteeincluding, Holder without limitation, Trustor, Trustee or any LenderBeneficiary, may purchase at such sale, and any bid by Holder Trustor hereby covenants to warrant and defend the title of such purchaser or any Lender purchasers. (b) Trustee may be, in whole or in part, in postpone the form of cancellation sale of all or any part portion of the Secured IndebtednessProperty from time to time in accordance with the laws of the State in which the Land is located. (iic) The sale To the fullest extent allowed by Trustee of less than law, Trustor hereby expressly waives any right which it may have to direct the whole of the Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole order in which any of the Property shall be sold. In sold in the event of any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales pursuant to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had been made; provided, however, that neither Borrowers nor Grantor shall have any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the PropertyTrust. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It shall not be necessary for Trustee to have taken possession of any part of the Property or to have present or to exhibit at any sale any of the Collateral. (iv) After each sale, Trustee shall receive the proceeds of said sale and apply the same as herein provided. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the sale.

Trustee’s Sale. (i) Holder may execute and deliver Should Beneficiary elect to sell the Trust Property which is real property pursuant to the power of sale granted hereby, upon such election, Beneficiary or Trustee written declaration of default and demand for sale and written shall give such notice of default an Event of Default and of election to cause all or any part of the Property to be sold, which notice Trustee shall cause to be filed for record; and after the lapse of such time sell as may then be required by law following low. Thereafter, upon the recordation expiration of such time end the giving and filing of such notice of default, and notice of sale having been given as may then be required by law, Trustee, without demand on Borrowers or Grantor, shall sell such Property at the time and place fixed specified by Trustee in such the notice of sale, either as a whole shall sell such Trust Property or in separate parcels and in such order as Holder may direct (Borrowers and Grantor each waiving any right to direct the order of sale)portion thereof specified by Beneficiary, at public auction to the highest bidder for cash in lawful money of the United States (States, subject, however, to the provisions of Section 4.05 hereof. Trustee may, ------------ and upon request of Beneficiary shall, from time to time postpone the sale by public announcement thereof at the time and place notified therefor. If the Trust Property consists of several lots or cash equivalents acceptable parcels, Beneficiary may elect to sell the Trust Property either as a whole or in separate lots or parcels, If Beneficiary elects to sell in separate lots or parcels, Beneficiary may designate the order in which such lets or parcels shall be offered for sale or sold. Any person, including Grantor, Trustee to or Beneficiary, may purchase at the sale. To the extent permitted by applicable law), payable at the time of upon any sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding postponement. Trustee , Beneficiary shall execute end deliver to the purchaser at such sale its or purchasers a deed or deeds conveying the property so sold, but without any covenant or warrantywarranty whatsoever, express or implied, and the recitals in whereupon such deed of any matters purchaser or facts purchasers shall be conclusive proof of the truthfulness thereoflet into immediate possession. Any person, including Trustee, Holder or any Lender, may purchase at such sale, and any bid by Holder or any Lender may be, in whole or in part, in the form of cancellation of all or any part of the Secured Indebtedness. (ii) The sale by Trustee of less than the whole of the Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole of the Property shall be sold. In the event any sale hereunder is not completed or is defective in the opinion of Xxxxxx, such sale shall not exhaust the power of sale hereunder and Xxxxxx shall have the right to cause a subsequent sale or sales to be made hereunder. If the proceeds of any sale of less than the whole of the Property shall be less than the aggregate of the Secured Indebtedness and the expense of executing this trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had been made; provided, however, that neither Borrowers nor Grantor shall have any right to require the sale of less than the whole of the Property but Holder shall have the right, at its sole election, to request Trustee to sell less than the whole of the Property. (iii) Trustee may, after any request or direction by Xxxxxx, sell not only the real property but also the Collateral and other interests which are a part of the Property, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the Property separately from the remainder of the Property. It shall not be necessary for Trustee to have taken possession of any part of the Property or to have present or to exhibit at any sale any of the Collateral. (iv) After each sale, Trustee shall receive the proceeds of said sale and apply the same as herein provided. Payment of the purchase price to Trustee shall satisfy the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for the application thereof. (v) Trustee or its successor or substitute may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Trustee, including the posting of notices and the conduct of sale, but in the name and on behalf of Trustee, its successor or substitute. If Trustee or its successor or substitute shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the sale.XI-8