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21 <br /> registration in the office of the Register of Deeds where this Modified Deed of Trust <br /> is recorded. BNY-M may make any removal or appointment at any time without <br /> notice, without specifying any reason, and without any court approval. Any <br /> appointee becomes vested with title to the Mortgaged Property and with all rights, <br /> powers, and duties conferred upon the Deed of Trust Trustee by this Modified Deed <br /> of Trust in the same manner and to the same effect as if that Deed of Trust Trustee <br /> had been named as the original Deed of Trust Trustee. <br /> 4. Defaults and Remedies: Foreclosure <br /> 4-1 Defaults and Remedies. During the continuation of an Event of <br /> Default under the 2026A Agreement, BNY-M may pursue its rights and remedies as <br /> provided under the 2026A Agreement and this Modified Deed of Trust. <br /> 4-2 Foreclosure; Sale under Power of Sale. <br /> (a) Right to foreclosure or sale. During the continuation of an Event of <br /> Default, at BNY-M's request, the Deed of Trust Trustee must foreclose this Modified <br /> Deed of Trust by judicial proceedings or, at BNY-M's option, the Deed of Trust <br /> Trustee must sell (and is empowered to sell) all or any part of the Mortgaged <br /> Property at public sale to the last and highest bidder for cash (free of any equity of <br /> redemption, homestead, dower, curtesy or other exemption, all of which the County <br /> expressly waives to the extent permitted by law) after compliance with applicable <br /> State laws relating to foreclosure sales under power of sale. The Deed of Trust <br /> Trustee will execute and deliver a proper deed or deeds to the successful purchaser <br /> at any sale. If only a part of the Mortgaged Property is sold, the partial sale in no way <br /> adversely affects the lien created by this Modified Deed of Trust against the <br /> remainder. <br /> (b) BNY-M's bid. BNY-M may bid and become the purchaser at any sale <br /> under this Deed of Trust. Instead of paying cash, BNY-M may settle the purchase <br /> price by crediting against the Obligations the bid price net of sale expenses, <br /> including the Deed of Trust Trustee's commission, and after payment of any taxes <br /> and assessments as may be a lien on the Mortgaged Property superior to the lien of <br /> this Modified Deed of Trust (unless the Mortgaged Property is sold subject to those <br /> liens and assessments, as provided by law). <br /> It <br />