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(d) a writ or execution or attac:�ment of any simiiar proc�ss shal� be entered against Trustor wnic� shall
<br /> • � , become a iien on the Trust Estate or any portion thereor or interest :herein and sucn execution, attacnment or similar
<br /> procass of judgment is not released, bonded, satisried, vacated or stayed within sixty (60) days arter its entry or levy; or
<br /> (e� there has occurred a breach of or default under any ;erm, covenant, agreement, condition, provision,
<br /> represenration or warranry contained in any prior deed of trust or mortgage affec:ing the Trust Estate.
<br /> 10. Acae%ration upon Defau/t; Additiona/ Remedies. If an event ot detault occurs, Beneiiciary may decfare the �
<br /> Indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any �
<br /> presentment, aemand, protest or notice of any kind. Thereafter, Beneiiciary may:
<br /> (i) either in person or by aqent, with or without brinqing any ac:ion or proceeding, or by a receiver appoirtted �
<br /> by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, or any �
<br /> part thereof, in its own name or in the name of Trustee, and do any ac:s which it deems necessary or desirable to preserve �
<br /> the value, marketability or rentabiiity of*�he Trust Estate, or part thereaf or interest therein, increase the income therefrom �f
<br /> or protect the security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect the (�
<br /> rents, issues and profits thereof, inciudinq those past due and unpaid, and apply the same, less costs and expenses of
<br /> operauon and collection incfuding attomeys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary
<br /> may determine. The enterinq upon and Laking possession of the Trust Estate, the colleciion of such rents, issues and
<br /> profits and the application thereof as aforesaid shail not cure or waive any default or notice of defauit hereunder or
<br /> invalidate any act done in response to such default or pursuant to such notice of defauit and, notwithstanding the
<br /> continuance in possession of the Trusi Estate or the colleciion, receipt and application of rertts, issues or profits, Trustee
<br /> or Beneficiary shall been entitled to exercise every right provided for in any of the Loan Instruments or by law upan
<br /> occurrence of any event of derault, inciuding the right to exercise the power of sale;
<br /> (iil commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specirically
<br /> enforce any of the covenants hereof;
<br /> (iiii de!iver �o Truste� a wrir:en dec:aration oi derault ano demand for sale and a written notice of derauit and
<br /> elec;ion to �ause Trustor's ;nterest in t^e Trust Estate .o be sola, wnich notice Trus�2e shall cause .o �e duiy `iled for
<br /> recore :n tre appropriate oiric�s e� ,he C�unry in wnicn �he Trust Es�at� is locate�: or
<br /> ;iv� exerccs2 sucn other ngr„5 or remedies at faw or in ecuiN.
<br /> 1 1. Foieclosure by Power af Sa/e. If 3enericiary elec:s to foreciosa by exercise or,ne Power or Saie ^erein contained,
<br /> Benericiary snail non"ry Trustee and snail deposit�.vith Trustee this Second Deed oT Trust and any note evidencing ,ne Indebteaness
<br /> and such rec°+ots and evidence or axpenaitures made and sec�re� here�y as Trustee may require.
<br /> (ai Upon rec°iot of such notice rrom Beneticiary, Trustee shall cause to be recorded, pubtisned and deiivered
<br /> to Trustor such Notice or Derault and Notica or Sale as then required by law and by this Second Deed or Trust. Trustee
<br /> shall, �Nithout demand on Trustor, arter such time as may then be required by faw and arter recordation or such Notice of
<br /> Default and after Notice ot Sale having been given as required by law, sell the Trust Estate at the time and place or sale
<br /> fixed by it in such Notice of Sale, either as a wnole, or in separate lots or parceis or items as Trustee shall desm expetiient,
<br /> and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States
<br /> payable at the time of sale. Trustee shail deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> desds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed
<br /> of any matters or facts snaif be concfusive proof of the truthfulness thereof. Any person, incfuding without limitation
<br /> Trustor, Trustee or Benericiary, may purcnase at such saie.
<br /> (b) As may be permitted by law, after deduc:ing all cos:s, fees and expenses of Trustee and of this Trust,
<br /> including casts of evidence oT title in connec:ion with sale, Trustes shall apply the proceeds of sale to payment oT (i) the
<br /> Indebtedness i��l all other sums then secured hereby, and (iii} the remainder, if any, to the person or persons legally entitted
<br /> thereto.
<br /> (c1 Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate.
<br /> 12. Reinedies Not Exc/usive. Truste� and Beneficiary, and each of them, shall be entitled to enforca payment and
<br /> performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed of
<br /> Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or all of the
<br /> such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust,
<br /> pledge, lien, assignment or otherwise. Neither the acceptance of tiiis Second Deed of Trusi nor its enforcement, whether by court
<br /> aciion or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or
<br /> Beneficiary's nqht to realize upon or errforce any other securiry now or hereafter held by Trustee or Beneficiary, it being agreed that
<br /> Tnrstee and Beneficiary, and each of them, shall be ernitled to enforce this Second Deed of Trusi and any other security now or
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