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pursuing the remedies provided hereunder, including without limitation reasonable <br /> attorneys' fees and costs. <br /> a. Acceleration. Beneficiary may declare any or all of the Secured <br /> Obligations, including without limitation all sums payable under the Note and this Deed <br /> of Trust, to be due and payable immediately. <br /> b. Receiver. Beneficiary may apply to any court of competent <br /> jurisdiction for, and obtain appointment of, a receiver for the Property. <br /> c. Entry. Beneficiary, in person, by agent or by court-appointed <br /> receiver, may enter, take possession of, manage and operate all or any part of the <br /> Property, and may also do any and all other things in connection with those actions that <br /> Beneficiary may in its sole discretion consider necessary and appropriate to protect the <br /> security of this Deed of Trust. Such other things may include: taking and possessing <br /> copies of all of Trustor's or the then owner's books and records concerning the Property; <br /> entering into, enforcing, modifying, or canceling Leases on such terms and conditions <br /> as Beneficiary may consider proper; obtaining and evicting tenants; fixing or modifying <br /> Rents; collecting and receiving any payment of money owing to Trustor; completing any <br /> unfinished construction; and/or contracting for and making repairs and alterations. If <br /> Beneficiary so requests, Trustor shall assemble all of the Property that has been <br /> removed from the Land and make all of it available to Beneficiary at the site of the Land. <br /> Trustor hereby irrevocably constitutes and appoints Beneficiary as Trustor's attorney-in- <br /> fact to perform such acts and execute such documents as Beneficiary in its sole <br /> discretion may consider to be appropriate in connection with taking these measures, <br /> including endorsement of Trustor's name on any instruments. <br /> d. UCC Remedies. Beneficiary may exercise any or all of the <br /> remedies granted to a secured party under the UCC. <br /> e. Judicial Action. Beneficiary may bring an action in any court of <br /> competent jurisdiction to foreclose this Deed of Trust in the manner provided by law for <br /> foreclosure of mortgages on real property and/or to obtain specific enforcement of any <br /> of the covenants or agreements of this Deed of Trust. <br /> f. Power of Sale. Under the power of sale hereby granted, <br /> Beneficiary shall have the discretionary right to cause some or all of the Property, <br /> including any Property which constitutes personal property, to be sold or otherwise <br /> disposed of in any combination and in any manner permitted by applicable law. <br /> 8.3 Power of Sale. If Beneficiary elects to invoke the power of sale hereby <br /> granted, Beneficiary shall execute or cause the Trustee to execute a written notice of <br /> such default and of its election to cause the Property to be sold to satisfy the obligations <br /> hereof, and shall cause such notice to be recorded in the office of the Recorder of each <br /> County wherein the Property or some part thereof is situated as required by law and this <br /> Deed of Trust. <br /> 18 <br /> OAK #4825-3934-8270 vl <br />