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<br /> 11-05-2001 DEED OF TRUST Page 6
<br /> (Continued)
<br /> I, thereof. Any person, Including Trustor,Trustee or Beneficiary may purchase at such sale. Ager deducting all costs, fees and expenses of
<br /> sumsexpendedhundersthe terms hereof,not tt of hen
<br /> ne of repailtle In d,with accrrueldnIntet est al he amount Trustee shall
<br /> allllowedthe
<br /> by Paw In effect at the roceeds of sale to dale hereof;Of:
<br /> all _
<br /> ,I other sums then secured hereby;and the remainder,If any,to the person or persons legally entitled thereto. —
<br /> _ _ _JtldiciaLForecJosure.-WiWssspB-clto_all_or-any_pad_ol_the_Real P_roperty,.Lender_shall_have_Ihojight in_Ileu-ol_foreclosure_by-power_of-sale-to- .—
<br /> foreclose.by judicial foreclosure in accordance with and to the full extent provided by California law.
<br /> UCC Remedies. With respect to all or any pad of the Personal Properly, Lender shall have all the rights and remedies of a secured party
<br /> under the Uniform Commercial Code, Including without limitation the right to recover any deficiency In the manner and to the full extent
<br /> provided by California law.
<br /> Collect Rents. Lender shall have the right, without notice to Trustor, to lake possession of and manage the Property and collect the Rents,
<br /> Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness, In
<br /> furtherance of this right,Lender may require any tenant or other user of the Properly to make payments of rent or use fees directly to Lender. _
<br /> If the Rants are collected by Lender,then Trustor Irrevocably designates Lender as Truslor's attorney-In-fact to endorse Instruments received
<br /> in payment thereof In the name of Truslor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender
<br /> In response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the
<br /> demand existed. Lender may exercise Its rights under this subparagraph either In person,by agent,or through a receiver.
<br /> Appoint Receiver, Lender shall have the right to have a receiver appointed to lake possession of all or any part of the Property, with the
<br /> we,to protect and preserve the Property,to operate the Property preceding foreclosure or sale, and to collect the Rents from the Properly
<br /> and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond If
<br /> permitted by law. Lender's right to the appointment of a receiver shalt exist whether or not the apparent value of the Property exceeds the
<br /> Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
<br /> Tenancy at Sufferance. If Trustor remains In possession of the Property after the Property Is sold as provided above or Lender otherwise
<br /> becomes entitled to possession of the Properly upon default of Truslor,Trustor shall become a tenant at sufferance of Lender or the purchaser
<br /> of the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property
<br /> Immediately upon the demand of Lender. _
<br /> Other Remedies. Trustee or Lender shall have any other right or remedy provided In this Deed of Trust or the Note or by law.
<br /> lNotice of Sale. Lender shall give Trustor reasonable notice of the time and place of any public sale of the Personal Property or of the time
<br /> after which any private sale or other Intended disposition of the Personal Property Is to be made. Reasonable notice shall mean notice given
<br /> - at least five(5)days before the time of the sale or disposition. Any sale of Personal Property may be made In conjunction with any sale of the
<br /> Reel Property.
<br /> Safe of the Property. To the extent permitted by applicable law.Truslor hereby waives any and all rights to have the Property marshalled. In
<br /> exercising Its rights and remedies,the Trustee or Lender shall be free tosell all or any part of the Property together or separately,In one sale or
<br /> by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
<br /> Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or
<br /> prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any
<br /> remedy provided In this Deed of Trust,the Note,In any Related Document,or provided by law shall not exclude pursuit of any other remedy,
<br /> and an election to make expenditures or to lake action to perform an obligation or Truslor under this Deed of Trust after failure of Truslor to
<br /> perform shall not affect Lender's right to declare a default and to exercise any of its remedies.
<br /> Attorneys'Fees; Expenses, If Lender Institutes any suit or action to enforce any of the terms of this Deed of Trust,Lender shall be entitled to
<br /> recover such sum as the court may adjudge reasonable as attorneys' lees at trial and on any appeal. Whether or not any court action is
<br /> Involved,all reasonable expenses Incurred by Lender which in Lender's opinion are necessary at any time for the protection of Its Interest or
<br /> the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date
<br /> of expenditure until repaid. Expenses covered by this paragraph Include, without Ilmltalion, however subject to any limits under applicable
<br /> law,Lender's attorneys'fees whether or not there Is a lawsuit,Including attorneys'fees for bankruptcy proceedings(Including efforts to modify
<br /> or vacate any automatic stay or injunction), appeals and any anticipated post-judgment collection services, the cost of searching records,
<br /> obtaining title reports(including foreclosure reports), surveyors'reports,appraisal fees, title Insurance, and fees for the Trustee,to the extent
<br /> permitted by applicable law. Truslor also will pay any court costs.In addition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth In this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
<br /> Trust.
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have,the power to take the following actions
<br /> with respect to the Property upon the written request of Lender and Truslor: (a)join In preparing and filing a map or plat of the Real Property,
<br /> Including the dedication of streets or other rights to the public; (b)join In granting any easement or creating any restriction on the Real
<br /> Property;and (o)join In any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or Ilan,or of any
<br /> action or proceeding In which Truslor,Lender,or Trustee shall be a party,unless the action or proceeding is brought by Trustee.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law, In addition to the rights and remedies set forth above,
<br /> with respect to all or any part of the Properly,the Trustee shall have the right to foreclose by notice and sale,and Lender shall have the right to
<br /> foreclose by judicial foreclosure,In either case in accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from lime to lime appoint a successor Trustee to any Trustee appointed hereunder by
<br /> an Instrument executed and acknowledged by Lender and recorded in the office of the recorder of San Joaquin County, California. The
<br /> Instrument shall contain,In addition to all other matters required by state law,the names of the original Lender,Trustee,and Trustor,the book
<br /> and page where this Deed of Trust Is recorded,and the name and address of the successor trustee,and the instrument shall be executed and
<br /> acknowledged by Lender or Its successors In Interest. The successor trustee,without conveyance of the Property,shall succeed to all the title,
<br /> power, and duties conferred upon the Trustee In this Deed of Trust and by applicable law. This procedure for substitution of trustee shall
<br /> govern to the exclusion of all other provisions for substitution.
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