Common use of Trustees Sale - Power of Sale Clause in Contracts

Trustees Sale - Power of Sale. Upon any Default, Beneficiary may deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor’s interest in the Property to be sold, and Trustee shall with or without entry, personally or by its agents or attorneys insofar as applicable pursuant to and in accordance with the laws of the State of Washington sell the Property, and all estate, right, title, and interest, claim and demand therein, and right of redemption thereof, at one or more sales, as an entity or in parcels, after such notice thereof as may be required or permitted by law at public auction to the highest bidder for cash, in lawful money of the United States, payable at the time of sale. Trustee may postpone from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such postponed sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee, without further notice or publication, may make such sale at the time and place to which the same shall be so postponed. Upon the completion of any sale or sales made by Trustee under or by virtue of this subsection 17(b), Trustee shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument, or good and sufficient instruments conveying, assigning and transferring all estate, right, title and interest in and to the Property and rights sold, but without any covenant or warranty, express or implied. Any deed delivered to the purchaser at any sale pursuant hereto may be without any covenant or warranty, expressed or implied. The recitals in the deed shall be prima facie evidence of the truth of the statements made therein. Any such sale or sales made under or by virtue of this subsection 17(b), whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all of the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Trustor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Trustor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Trustor. In the event of any sale made whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, the entire principal of, and interest on, the Notes, if not previously due and payable, and all other sums required to be paid by Trustor pursuant to this Deed of Trust, immediately thereupon shall, anything in the Notes or in this Deed of Trust to the contrary notwithstanding, become due and payable. Upon any sale made under or by virtue of this subsection 17(b) whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, Beneficiary may bid for and acquire the Property or any part thereof and, in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the indebtedness of Trustor secured by this Deed of Trust the net sales price after deducting therefrom the expenses of the sale, and the cost of such action and any other sums which Beneficiary is authorized to deduct under this Deed of Trust. Beneficiary, upon so acquiring the Property, or any part thereof shall be entitled to hold, lease, rent, operate, manage and sell the same in any manner permitted by applicable laws. To the full extent permitted by applicable law, the Property or any part thereof, may be sold in one parcel and as an entirety, or in such parcels, manner or order as Trustee in its sole discretion may elect, and one or more exercises of the rights herein granted shall not extinguish or exhaust the rights unless the entire Property is sold or the entire indebtedness secured by this Deed of Trust paid in full; and Beneficiary, or its assigns, shall collect the proceeds as provided in this Deed of Trust or as required by applicable law; and Trustor agrees that in case of a sale, as herein provided, Trustor or any person in possession under Trustor shall then become and be tenants holding over, and shall forthwith deliver possession to the purchaser at such sale, or be summarily dispossessed in accordance with the provisions of law applicable to tenants holding over; the rights hereby granted are in addition to any and all other remedies which Beneficiary may have at law or in equity. Trustor hereby expressly waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. Beneficiary shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including, but not limited to, reasonable attorney’s fees and costs of environmental reports, appraisals, documentary evidence, abstracts, and title reports. Upon the breach of any representation, warranty, covenant or agreement by Trustor in this Deed of Trust (including, but not limited to, the covenants to pay when due sums secured by this Deed of Trust), or any other Loan Document, Beneficiary, at Beneficiary’s option may, in addition to any remedies specified in this covenant, invoke any other remedies provided in any other Loan Document or as provided hereunder. Leasehold Deed of Trust – Silver Dollar Renton The proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of the sale, including, but not limited to, fees for any foreclosure services, reasonable attorney’s fees and a reasonable fee or commission to Trustee, and costs of title evidence; (b) to all sums secured by this Deed of Trust in such order as Beneficiary, in Beneficiary’s sole discretion, directs; and (c) the excess, if any, to the person or persons legally entitled thereto.

Trustees Sale - Power of Sale. Upon any Default, Beneficiary may deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor’s interest in the Property to be sold, and Trustee shall with or without entry, personally or by its agents or attorneys insofar as applicable pursuant to and in accordance with the laws of the State of Washington sell the Property, and all estate, right, title, and interest, claim and demand therein, and right of redemption thereof, at one or more sales, as an entity or in parcels, after such notice thereof as may be required or permitted by law at public auction to the highest bidder for cash, in lawful money of the United States, payable at the time of sale. Trustee may postpone from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such postponed sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee, without further notice or publication, may make such sale at the time and place to which the same shall be so postponed. Upon the completion of any sale or sales made by Trustee under or by virtue of this subsection 17(b), Trustee shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument, or good and sufficient instruments conveying, assigning and transferring all estate, right, title and interest in and to the Property and rights sold, but without any covenant or warranty, express or implied. Any deed delivered to the purchaser at any sale pursuant hereto may be without any covenant or warranty, expressed or implied. The recitals in the deed shall be prima facie evidence of the truth of the statements made therein. Any such sale or sales made under or by virtue of this subsection 17(b), whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all of the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Trustor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Trustor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Trustor. In the event of any sale made whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, the entire principal of, and interest on, the Notes, if not previously due and payable, and all other sums required to be paid by Trustor pursuant to this Deed of Trust, immediately thereupon shall, anything in the Notes or in this Deed of Trust to the contrary notwithstanding, become due and payable. Upon any sale made under or by virtue of this subsection 17(b) whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, Beneficiary may bid for and acquire the Property or any part thereof and, in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the indebtedness of Trustor secured by this Deed of Trust the net sales price after deducting therefrom the expenses of the sale, and the cost of such action and any other sums which Beneficiary is authorized to deduct under this Deed of Trust. Beneficiary, upon so acquiring the Property, or any part thereof shall be entitled to hold, lease, rent, operate, manage and sell the same in any manner permitted by applicable laws. To the full extent permitted by applicable law, the Property or any part thereof, may be sold in one parcel and as an entirety, or in such parcels, manner or order as Trustee in its sole discretion may elect, and one or more exercises of the rights herein granted shall not extinguish or exhaust the rights unless the entire Property is sold or the entire indebtedness secured by this Deed of Trust paid in full; and Beneficiary, or its assigns, shall collect the proceeds as provided in this Deed of Trust or as required by applicable law; and Trustor agrees that in case of a sale, as herein provided, Trustor or any person in possession under Trustor shall then become and be tenants holding over, and shall forthwith deliver possession to the purchaser at such sale, or be summarily dispossessed in accordance with the provisions of law applicable to tenants holding over; the rights hereby granted are in addition to any and all other remedies which Beneficiary may have at law or in equity. Trustor hereby expressly waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. Beneficiary shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including, but not limited to, reasonable attorney’s fees and costs of environmental reports, appraisals, documentary evidence, abstracts, and title reports. Upon the breach of any representation, warranty, covenant or agreement by Trustor in this Deed of Trust (including, but not limited to, the covenants to pay when due sums secured by this Deed of Trust), or any other Loan Document, Beneficiary, at Beneficiary’s option may, in addition to any remedies specified in this covenant, invoke any other remedies provided in any other Loan Document or as provided hereunder. Leasehold Deed of Trust – Silver Dollar Renton Seatac The proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of the sale, including, but not limited to, fees for any foreclosure services, reasonable attorney’s fees and a reasonable fee or commission to Trustee, and costs of title evidence; (b) to all sums secured by this Deed of Trust in such order as Beneficiary, in Beneficiary’s sole discretion, directs; and (c) the excess, if any, to the person or persons legally entitled thereto.

Trustees Sale - Power of Sale. Upon any Default, Beneficiary may deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor’s interest in the Property to be sold, and Trustee shall with or without entry, personally or by its agents or attorneys insofar as applicable pursuant to and in accordance with the laws of the State of Washington sell the Property, and all estate, right, title, and interest, claim and demand therein, and right of redemption thereof, at one or more sales, as an entity or in parcels, after such notice thereof as may be required or permitted by law at public auction to the highest bidder for cash, in lawful money of the United States, payable at the time of sale. Trustee may postpone from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such postponed sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee, without further notice or publication, may make such sale at the time and place to which the same shall be so postponed. Upon the completion of any sale or sales made by Trustee under or by virtue of this subsection 17(b), Trustee shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument, or good and sufficient instruments conveying, assigning and transferring all estate, right, title and interest in and to the Property and rights sold, but without any covenant or warranty, express or implied. Any deed delivered to the purchaser at any sale pursuant hereto may be without any covenant or warranty, expressed or implied. The recitals in the deed shall be prima facie evidence of the truth of the statements made therein. Any such sale or sales made under or by virtue of this subsection 17(b), whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all of the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Trustor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Trustor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Trustor. In the event of any sale made whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, the entire principal of, and interest on, the Notes, if not previously due and payable, and all other sums required to be paid by Trustor pursuant to this Deed of Trust, immediately thereupon shall, anything in the Notes or in this Deed of Trust to the contrary notwithstanding, become due and payable. Upon any sale made under or by virtue of this subsection 17(b) whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, Beneficiary may bid for and acquire the Property or any part thereof and, in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the indebtedness of Trustor secured by this Deed of Trust the net sales price after deducting therefrom the expenses of the sale, and the cost of such action and any other sums which Beneficiary is authorized to deduct under this Deed of Trust. Beneficiary, upon so acquiring the Property, or any part thereof shall be entitled to hold, lease, rent, operate, manage and sell the same in any manner permitted by applicable laws. To the full extent permitted by applicable law, the Property or any part thereof, may be sold in one parcel and as an entirety, or in such parcels, manner or order as Trustee in its sole discretion may elect, and one or more exercises of the rights herein granted shall not extinguish or exhaust the rights unless the entire Property is sold or the entire indebtedness secured by this Deed of Trust paid in full; and Beneficiary, or its assigns, shall collect the proceeds as provided in this Deed of Trust or as required by applicable law; and Trustor agrees that in case of a sale, as herein provided, Trustor or any person in possession under Trustor shall then become and be tenants holding over, and shall forthwith deliver possession to the purchaser at such sale, or be summarily dispossessed in accordance with the provisions of law applicable to tenants holding over; the rights hereby granted are in addition to any and all other remedies which Beneficiary may have at law or in equity. Trustor hereby expressly waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. Beneficiary shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including, but not limited to, reasonable attorney’s fees and costs of environmental reports, appraisals, documentary evidence, abstracts, and title reports. Upon the breach of any representation, warranty, covenant or agreement by Trustor in this Deed of Trust (including, but not limited to, the covenants to pay when due sums secured by this Deed of Trust), or any other Loan Document, Beneficiary, at Beneficiary’s option may, in addition to any remedies specified in this covenant, invoke any other remedies provided in any other Loan Document or as provided hereunder. Leasehold Deed of Trust – Silver Dollar Renton Royal Xxxxxxx The proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of the sale, including, but not limited to, fees for any foreclosure services, reasonable attorney’s fees and a reasonable fee or commission to Trustee, and costs of title evidence; (b) to all sums secured by this Deed of Trust in such order as Beneficiary, in Beneficiary’s sole discretion, directs; and (c) the excess, if any, to the person or persons legally entitled thereto.

Trustees Sale - Power of Sale. Upon any Default, Beneficiary may deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor’s interest in the Property to be sold, and Trustee shall with or without entry, personally or by its agents or attorneys insofar as applicable pursuant to and in accordance with the laws of the State of Washington sell the Property, and all estate, right, title, and interest, claim and demand therein, and right of redemption thereof, at one or more sales, as an entity or in parcels, after such notice thereof as may be required or permitted by law at public auction to the highest bidder for cash, in lawful money of the United States, payable at the time of sale. Trustee may postpone from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such postponed sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee, without further notice or publication, may make such sale at the time and place to which the same shall be so postponed. Upon the completion of any sale or sales made by Trustee under or by virtue of this subsection 17(b), Trustee shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument, or good and sufficient instruments conveying, assigning and transferring all estate, right, title and interest in and to the Property and rights sold, but without any covenant or warranty, express or implied. Any deed delivered to the purchaser at any sale pursuant hereto may be without any covenant or warranty, expressed or implied. The recitals in the deed shall be prima facie evidence of the truth of the statements made therein. Any such sale or sales made under or by virtue of this subsection 17(b), whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all of the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Trustor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Trustor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Trustor. In the event of any sale made whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, the entire principal of, and interest on, the Notes, if not previously due and payable, and all other sums required to be paid by Trustor pursuant to this Deed of Trust, immediately thereupon shall, anything in the Notes or in this Deed of Trust to the contrary notwithstanding, become due and payable. Upon any sale made under or by virtue of this subsection 17(b) whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, Beneficiary may bid for and acquire the Property or any part thereof and, in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the indebtedness of Trustor secured by this Deed of Trust the net sales price after deducting therefrom the expenses of the sale, and the cost of such action and any other sums which Beneficiary is authorized to deduct under this Deed of Trust. Beneficiary, upon so acquiring the Property, or any part thereof shall be entitled to hold, lease, rent, operate, manage and sell the same in any manner permitted by applicable laws. To the full extent permitted by applicable law, the Property or any part thereof, may be sold in one parcel and as an entirety, or in such parcels, manner or order as Trustee in its sole discretion may elect, and one or more exercises of the rights herein granted shall not extinguish or exhaust the rights unless the entire Property is sold or the entire indebtedness secured by this Deed of Trust paid in full; and Beneficiary, or its assigns, shall collect the proceeds as provided in this Deed of Trust or as required by applicable law; and Trustor agrees that in case of a sale, as herein provided, Trustor or any person in possession under Trustor shall then become and be tenants holding over, and shall forthwith deliver possession to the purchaser at such sale, or be summarily dispossessed in accordance with the provisions of law applicable to tenants holding over; the rights hereby granted are in addition to any and all other remedies which Beneficiary may have at law or in equity. Trustor hereby expressly waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. Beneficiary shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including, but not limited to, reasonable attorney’s fees and costs of environmental reports, appraisals, documentary evidence, abstracts, and title reports. Upon the breach of any representation, warranty, covenant or agreement by Trustor in this Deed of Trust (including, but not limited to, the covenants to pay when due sums secured by this Deed of Trust), or any other Loan Document, Beneficiary, at Beneficiary’s option may, in addition to any remedies specified in this covenant, invoke any other remedies provided in any other Loan Document or as provided hereunder. Leasehold Deed of Trust – Silver Dollar Renton Hollywood Shoreline (Parking) The proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of the sale, including, but not limited to, fees for any foreclosure services, reasonable attorney’s fees and a reasonable fee or commission to Trustee, and costs of title evidence; (b) to all sums secured by this Deed of Trust in such order as Beneficiary, in Beneficiary’s sole discretion, directs; and (c) the excess, if any, to the person or persons legally entitled thereto.

Trustees Sale - Power of Sale. Upon any Default, Beneficiary may deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor’s interest in the Property to be sold, and Trustee shall with or without entry, personally or by its agents or attorneys insofar as applicable pursuant to and in accordance with the laws of the State of Washington sell the Property, and all estate, right, title, and interest, claim and demand therein, and right of redemption thereof, at one or more sales, as an entity or in parcels, after such notice thereof as may be required or permitted by law at public auction to the highest bidder for cash, in lawful money of the United States, payable at the time of sale. Trustee may postpone from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such postponed sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee, without further notice or publication, may make such sale at the time and place to which the same shall be so postponed. Upon the completion of any sale or sales made by Trustee under or by virtue of this subsection 17(b), Trustee shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument, or good and sufficient instruments conveying, assigning and transferring all estate, right, title and interest in and to the Property and rights sold, but without any covenant or warranty, express or implied. Any deed delivered to the purchaser at any sale pursuant hereto may be without any covenant or warranty, expressed or implied. The recitals in the deed shall be prima facie evidence of the truth of the statements made therein. Any such sale or sales made under or by virtue of this subsection 17(b), whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all of the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Trustor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Trustor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Trustor. In the event of any sale made whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, the entire principal of, and interest on, the Notes, if not previously due and payable, and all other sums required to be paid by Trustor pursuant to this Deed of Trust, immediately thereupon shall, anything in the Notes or in this Deed of Trust to the contrary notwithstanding, become due and payable. Upon any sale made under or by virtue of this subsection 17(b) whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, Beneficiary may bid for and acquire the Property or any part thereof and, in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the indebtedness of Trustor secured by this Deed of Trust the net sales price after deducting therefrom the expenses of the sale, and the cost of such action and any other sums which Beneficiary is authorized to deduct under this Deed of Trust. Beneficiary, upon so acquiring the Property, or any part thereof shall be entitled to hold, lease, rent, operate, manage and sell the same in any manner permitted by applicable laws. To the full extent permitted by applicable law, the Property or any part thereof, may be sold in one parcel and as an entirety, or in such parcels, manner or order as Trustee in its sole discretion may elect, and one or more exercises of the rights herein granted shall not extinguish or exhaust the rights unless the entire Property is sold or the entire indebtedness secured by this Deed of Trust paid in full; and Beneficiary, or its assigns, shall collect the proceeds as provided in this Deed of Trust or as required by applicable law; and Trustor agrees that in case of a sale, as herein provided, Trustor or any person in possession under Trustor shall then become and be tenants holding over, and shall forthwith deliver possession to the purchaser at such sale, or be summarily dispossessed in accordance with the provisions of law applicable to tenants holding over; the rights hereby granted are in addition to any and all other remedies which Beneficiary may have at law or in equity. Trustor hereby expressly waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. Beneficiary shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including, but not limited to, reasonable attorney’s fees and costs of environmental reports, appraisals, documentary evidence, abstracts, and title reports. Upon the breach of any representation, warranty, covenant or agreement by Trustor in this Deed of Trust (including, but not limited to, the covenants to pay when due sums secured by this Deed of Trust), or any other Loan Document, Beneficiary, at Beneficiary’s option may, in addition to any remedies specified in this covenant, invoke any other remedies provided in any other Loan Document or as provided hereunder. Leasehold Deed of Trust – Silver Dollar Renton Hollywood Shoreline (Casino) The proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of the sale, including, but not limited to, fees for any foreclosure services, reasonable attorney’s fees and a reasonable fee or commission to Trustee, and costs of title evidence; (b) to all sums secured by this Deed of Trust in such order as Beneficiary, in Beneficiary’s sole discretion, directs; and (c) the excess, if any, to the person or persons legally entitled thereto.

Trustees Sale - Power of Sale. Upon any Default, Beneficiary may deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor’s interest in the Property to be sold, and Trustee shall with or without entry, personally or by its agents or attorneys insofar as applicable pursuant to and in accordance with the laws of the State of Washington sell the Property, and all estate, right, title, and interest, claim and demand therein, and right of redemption thereof, at one or more sales, as an entity or in parcels, after such notice thereof as may be required or permitted by law at public auction to the highest bidder for cash, in lawful money of the United States, payable at the time of sale. Trustee may postpone from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such postponed sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee, without further notice or publication, may make such sale at the time and place to which the same shall be so postponed. Upon the completion of any sale or sales made by Trustee under or by virtue of this subsection 17(b), Trustee shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument, or good and sufficient instruments conveying, assigning and transferring all estate, right, title and interest in and to the Property and rights sold, but without any covenant or warranty, express or implied. Any deed delivered to the purchaser at any sale pursuant hereto may be without any covenant or warranty, expressed or implied. The recitals in the deed shall be prima facie evidence of the truth of the statements made therein. Any such sale or sales made under or by virtue of this subsection 17(b), whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all of the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Trustor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Trustor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Trustor. In the event of any sale made whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, the entire principal of, and interest on, the Notes, if not previously due and payable, and all other sums required to be paid by Trustor pursuant to this Deed of Trust, immediately thereupon shall, anything in the Notes or in this Deed of Trust to the contrary notwithstanding, become due and payable. Upon any sale made under or by virtue of this subsection 17(b) whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, Beneficiary may bid for and acquire the Property or any part thereof and, in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the indebtedness of Trustor secured by this Deed of Trust the net sales price after deducting therefrom the expenses of the sale, and the cost of such action and any other sums which Beneficiary is authorized to deduct under this Deed of Trust. Beneficiary, upon so acquiring the Property, or any part thereof shall be entitled to hold, lease, rent, operate, manage and sell the same in any manner permitted by applicable laws. To the full extent permitted by applicable law, the Property or any part thereof, may be sold in one parcel and as an entirety, or in such parcels, manner or order as Trustee in its sole discretion may elect, and one or more exercises of the rights herein granted shall not extinguish or exhaust the rights unless the entire Property is sold or the entire indebtedness secured by this Deed of Trust paid in full; and Beneficiary, or its assigns, shall collect the proceeds as provided in this Deed of Trust or as required by applicable law; and Trustor agrees that in case of a sale, as herein provided, Trustor or any person in possession under Trustor shall then become and be tenants holding over, and shall forthwith deliver possession to the purchaser at such sale, or be summarily dispossessed in accordance with the provisions of law applicable to tenants holding over; the rights hereby granted are in addition to any and all other remedies which Beneficiary may have at law or in equity. Trustor hereby expressly waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. Beneficiary shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including, but not limited to, reasonable attorney’s fees and costs of environmental reports, appraisals, documentary evidence, abstracts, and title reports. Upon the breach of any representation, warranty, covenant or agreement by Trustor in this Deed of Trust (including, but not limited to, the covenants to pay when due sums secured by this Deed of Trust), or any other Loan Document, Beneficiary, at Beneficiary’s option may, in addition to any remedies specified in this covenant, invoke any other remedies provided in any other Loan Document or as provided hereunder. Leasehold Deed of Trust – Silver Dollar Renton Golden Nugget Tukwila The proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of the sale, including, but not limited to, fees for any foreclosure services, reasonable attorney’s fees and a reasonable fee or commission to Trustee, and costs of title evidence; (b) to all sums secured by this Deed of Trust in such order as Beneficiary, in Beneficiary’s sole discretion, directs; and (c) the excess, if any, to the person or persons legally entitled thereto.

Trustees Sale - Power of Sale. Upon any Default, Beneficiary may deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor’s interest in the Property to be sold, and Trustee shall with or without entry, personally or by its agents or attorneys insofar as applicable pursuant to and in accordance with the laws of the State of Washington sell the Property, and all estate, right, title, and interest, claim and demand therein, and right of redemption thereof, at one or more sales, as an entity or in parcels, after such notice thereof as may be required or permitted by law at public auction to the highest bidder for cash, in lawful money of the United States, payable at the time of sale. Trustee may postpone from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such postponed sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee, without further notice or publication, may make such sale at the time and place to which the same shall be so postponed. Upon the completion of any sale or sales made by Trustee under or by virtue of this subsection 17(b), Trustee shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument, or good and sufficient instruments conveying, assigning and transferring all estate, right, title and interest in and to the Property and rights sold, but without any covenant or warranty, express or implied. Any deed delivered to the purchaser at any sale pursuant hereto may be without any covenant or warranty, expressed or implied. The recitals in the deed shall be prima facie evidence of the truth of the statements made therein. Any such sale or sales made under or by virtue of this subsection 17(b), whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all of the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Trustor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Trustor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Trustor. In the event of any sale made whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, the entire principal of, and interest on, the Notes, if not previously due and payable, and all other sums required to be paid by Trustor pursuant to this Deed of Trust, immediately thereupon shall, anything in the Notes or in this Deed of Trust to the contrary notwithstanding, become due and payable. Upon any sale made under or by virtue of this subsection 17(b) whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, Beneficiary may bid for and acquire the Property or any part thereof and, in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the indebtedness of Trustor secured by this Deed of Trust the net sales price after deducting therefrom the expenses of the sale, and the cost of such action and any other sums which Beneficiary is authorized to deduct under this Deed of Trust. Beneficiary, upon so acquiring the Property, or any part thereof shall be entitled to hold, lease, rent, operate, manage and sell the same in any manner permitted by applicable laws. To the full extent permitted by applicable law, the Property or any part thereof, may be sold in one parcel and as an entirety, or in such parcels, manner or order as Trustee in its sole discretion may elect, and one or more exercises of the rights herein granted shall not extinguish or exhaust the rights unless the entire Property is sold or the entire indebtedness secured by this Deed of Trust paid in full; and Beneficiary, or its assigns, shall collect the proceeds as provided in this Deed of Trust or as required by applicable law; and Trustor agrees that in case of a sale, as herein provided, Trustor or any person in possession under Trustor shall then become and be tenants holding over, and shall forthwith deliver possession to the purchaser at such sale, or be summarily dispossessed in accordance with the provisions of law applicable to tenants holding over; the rights hereby granted are in addition to any and all other remedies which Beneficiary may have at law or in equity. Trustor hereby expressly waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. Beneficiary shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including, but not limited to, reasonable attorney’s fees and costs of environmental reports, appraisals, documentary evidence, abstracts, and title reports. Upon the breach of any representation, warranty, covenant or agreement by Trustor in this Deed of Trust (including, but not limited to, the covenants to pay when due sums secured by this Deed of Trust), or any other Loan Document, Beneficiary, at Beneficiary’s option may, in addition to any remedies specified in this covenant, invoke any other remedies provided in any other Loan Document or as provided hereunder. Leasehold Deed of Trust – Silver Dollar Renton Mill Creek The proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of the sale, including, but not limited to, fees for any foreclosure services, reasonable attorney’s fees and a reasonable fee or commission to Trustee, and costs of title evidence; (b) to all sums secured by this Deed of Trust in such order as Beneficiary, in Beneficiary’s sole discretion, directs; and (c) the excess, if any, to the person or persons legally entitled thereto.