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(d) a writ or execution or at[achment of any simiiar proc�ss shall be entered against Trustor wnic� shail
<br /> 'became a iien on .he Trust Estate or any portion thereot or interest therein and sucn execution, attacnment or simila��.�,
<br /> procass of judgment is �ot released, bonaed, satisried, vacated or stayed within sixty (6Q1 days aiter its entry or fevy; ot'
<br /> (e} there has occ�rred a breach of or default under any ;erm, covenant, aqreement, condition, provision, �
<br /> re�resenraQon or warranry contained in any �rior deed of trust or morgage affec:ing ;he Trust Estate. �
<br /> 10. Accs/eration upon Default; Additianal Remedies. If an event oi derault occ�rs, Beneiiciary may dec;are the ~
<br /> Indebtedness sec�red hereby to be due and payable and the same shall thereupon became due and payable without any w
<br /> presen;ment, aemand, protest or notice of any kind. Thereafter, 8eneiiciary may: �
<br /> (i) either in persan or by agent, with or without bringing any ac:ion or proceeding, or by a receiver appoirited �fj
<br /> by a c�urt and without regard to the adequac,r of its sec�riry, enter upon and ,ake possession of the Trust Esiate, or any
<br /> part;hereof, in its own name or in the name of Trustee, and do any ac:s whic;�it deems necessary or desirabie to preserve
<br /> the value, marketability or rentabiliry of�e Trust Es:ate, or part thereof or interest tflerein, increase the income therefrom
<br /> or protec:�e sec�nty hereof and, with or withoui taking possession of the Trusr Estate, sue for or otherwise collec;tt�e
<br /> rents, issues and profits thereaf, inciuding those past due and unpaid, and apply the same, less costs and expenses of
<br /> operation and callec:ion inciuding attomeys' fees, upon any indebtedness secured hereby, all in such order as Seneficiary
<br /> may determine. The enterinq upon and :aicing possession of the Trust �srate, the collection of such rents, issues and
<br /> profits and the application thereof as aforesaid shall not cure or waive any default or notice of defauit hereunder or
<br /> invaiidate any aC. done in response to suc:� default or pursuant to such notice of defautt and, notwithstanding the
<br /> cantinuance in possession of the Trus Es:ate or the collec;ion, receipt and application of rerns, issues or profits, Trustee
<br /> or 6eneficiary shall been entitled to exercise every right provided for in any of the Loan Instruments or by law upon
<br /> oc�urrence or any event oi derauit, including the rignt to exercise the power of sale;
<br /> (iii commence an ac:ion ,o `orectose this Deed of Trust as a mortqage, appoint a receiver or specirically :
<br /> enforce any of the covenants hereof;
<br /> ;iiii deiive� �o 'rures a wrir,en dec:aration oi oerault and demand 'or sale and a wri��en noiiC° or derawt and
<br /> eiec;:on ce �suse Trus�or`s :nteres: in ,^e -rus� Es:ate :c be soid, wn�cn notic° Trus��s snall cause �c :,e duiv rileo ror
<br /> reC�rC ir ;,^,e cDD�ocri2Te �7'�C°s cr :ne l.JUn;y in wnicr ,he TrusT Es:cL° is IoC3te�; or
<br /> iv� exerc:sz sucn ctner n�n,s or -emedies a; ;aw or in ecui;v.
<br /> , ,. r'orec/osure by P�wer or Sa/e. I� 3eneric;ary eiec;s.o Toreclos2 �y exercis2 or;ne Power or Saie ^erein contained,
<br /> 3ene*ic.ary snail non'ry Trustee and snail de�osit•.vith�rustee this Second Dee� o�Trus:and any note evidenc:�o :ne Indenteaness
<br /> c�C SUC.'1 �°C°fCiS df1� 2vtpQflC° Ji ?XDefldf�UfES �aae and seCJ(2o nere�y as i�USi°o T2y �@�U1fe.
<br /> iai Uoon receio� or sucn norce 'rom Beneric:ary, Truste= snall cause �o be recorde�, p�biis^ea and deiivered
<br /> to "rus�or suc^ Notice or �erauli and Ncnce oT Saie as t7en required by law and by this Second Deed or �ru�. Trustee
<br /> srall, �Nithout demand or Trustor, arter sucn time as may then be required by law and arter recordation oT sucn Notice of
<br /> Derauit and arter Notice oi Saie having besn given as required by law, selt the Trust =state at the time and place or sale
<br /> fixed 'ay it in sucn Notice of Sale, either as a wnole, or in seaarate lots or parcels or items as Trustee snail deem exoedient,
<br /> and in such order as it may determine, at pubiic auc:ion ;o�he hignest bidder for cash in Iawful money of�he United States
<br /> payaDle at�e time of saie. �rustee snai! deiiver to sucti purcnaser or purchasers thereof its good and sufficient desd or
<br /> deeas conveying the property so sold, but witnout any covenant or warranty, express or imolied. The recitals in suc:�deed
<br /> or any matiers or `ac:s snail be concfusive prool of the truthfuiness thereof. Any person, incfuding without limitation
<br /> Trustor, Trustes or Beneiiciary, may purc.�ase at such saie.
<br /> (b) As maY be permitte� by law. after deduc:ing all costs, fess and expenses of Trustee and of this Trust,
<br /> including c�sts or evidence or title in connecaon �orith saie, Trustee shall appfy the proceeds of sale to payment oT (i) the
<br /> IndebteCness (ii) alt other sums then secured hereily, and (iii) the remainder, if any, to:he person or persons Iegally entitfed
<br /> thereto.
<br /> (c1 Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Er.ate.
<br /> 12. Rsmedres Not FxGusive. Truste� and Beneficiary, and each of them, shall be erniUed to enforca payment and
<br /> performance of ar�y indebtedness or otiligations secured hereby and to exercise all rights and powers under this Second Deed of
<br /> Trus:or under any Loan Insttument or other agreemertt or any laws now or hereafter in force; notwitf�standing, some or all of the
<br /> such indebtedness and abiigations sec.ued hereby may now or hereafter be atherwise secured, whether by mortgage, deed of trust,
<br /> pledge, lien, ass�gnment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether by court
<br /> acvon or pursuarrt to t�e power of sale or other powers herein c�ntained, shall prejudice or in any manner affecz Trustee's or
<br /> Beneficiary's rigM to realize upon or errforce any ott�er secunry now or hereafter held by Trustee or Beneficiary, it being agreed that
<br /> Trustee and Beneficiary, and each of them, shall be emitled to enforce this Second Deed of Trust and any other securiry now or
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