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<br /> (d) a writ of execution or attachment of any similar process shall be entered against Trustor which shali become a I'�en on the
<br /> Trust Estate or any portion thereof or interest therein and such execution, attachment or s'anilar process of judgment is not released,
<br /> bonded, satisf'�ed, vacated or stayed within sbcty (60) days aRer its entry or levy; or
<br /> (e) there has occurred a breach of or defauft under any teRn, covenant, agreement, condition, provision, representation or warranty
<br /> contained in any prior deed of trust or mortgage affecting the Trust Estate.
<br /> 10. Acceleration upon Default; Additional Remedies. if an evenc of defauR occurs, Beneficiary may dec�are tne
<br /> indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment,
<br /> demand, protest or notice of any kind. Thereafter, Beneficiary may:
<br /> (i) either in person or by agent, with or without bringhg any action or proceeding, or by a receiver appointed by a court and
<br /> without regard to the adequacy of its securiry, enter upon and take possession of the Trust Estate, or any part thereof, in its own name
<br /> or in the name of Trustee, and do any acts which k deems necessary or desirable to preserve the value, marketability or rentabilky of
<br /> the Trust Estate, or part thereot or interest therein, Increase the income therefrom or protect the security hereof and, wkh or wkhout
<br /> taking possession of the Trust Estate, sue for or othervvise collect the rents, issues and profits thereof, hcluding those past due and
<br /> unpaid, and apply the same, less costs and expenses of operation and collection including attomeys' fees, upon any indebtedness
<br /> secured hereby, all in such order as Benef'�ciary may determine. The entering upon and taking possession of the Trust Estate, the
<br /> collection of such rents, issues and profks and the application thereof as aforesaid shall not cure or waive any defauR or notice of
<br /> defauft hereunder or invalidate any act done in response to such defauR or pursuant to such notice of defauft and, notwithstanding the
<br /> continuance a� possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary
<br /> shall be entitled to exercise every right provided for in any of the Loan �strumants or by law upon occurrence of any event of defauR,
<br /> including the right to exercise the power of sale;
<br /> (ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or spec'rficaly enforce any of the
<br /> covenants hereof;
<br /> (iii) deliver to Trustee a written decleration of defauR and demand for sale and a written notice of defauR and election to cause
<br /> Trustor's �terest in the Trust Estate to be sold, which notice Trustee shaii cause to be duy filed for record in the appropriate offices of
<br /> the County in which the Trust Estate is located; or
<br /> (iv) exercise such other rights or remedies at lew or in equity.
<br /> 11. Foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of S81e herein Contsined,
<br /> Beneficiary shall not'rfy Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidenchg the Indebtedness and such
<br /> receipts and evidence of expenditures made and secured hereby as Trustee may require.
<br /> (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such
<br /> Notice of Defauft and Notice of Sale as then required by law and by this Second Deed of Trust. Trustee shall, wkhout demand on
<br /> Trustor, aRer such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having
<br /> been given as required by law, sel� the Trust Estate at the time and place of sale fuced by it in such Notice of Sale, ekher as a whole, or
<br /> in separate bts or parcels or items as Trustee shall deem expedient, and "m such order as it may determine, at public auctbn to the
<br /> highest bidder for cash � lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or
<br /> purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but wkhout any covenant or warranty, express
<br /> or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including
<br /> without limitation Trustor, Trustee or Benef'�ciary, may purchase at such sale.
<br /> (b) As may be permitted by law, after deducCmg all costs, fees and expenses of Trustee and of this Trust, including costs of
<br /> evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) the indebtedness (ii) all other sums
<br /> then secured hereby, and (iii) the remainder, 'rf any, to the person or persons legalty entkled thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate.
<br /> 12. Remedies Not Facclusive. Trustee and Beneficiary, and each of them, shall be entkled to enforce payment and performance
<br /> of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed of Trust or under any Loan
<br /> Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or all of the such indebtedness and obligaYwns
<br /> secured hereby may now or hereatter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise.
<br /> Neither the acceptance of this Second Deed of Trust nor fts enforcement, whether by court acCbn or pursuant to the power of sale or other
<br /> powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security
<br /> now or hereatter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiery, and each of them, shall be entitled to enforce
<br /> this Second Deed of Trust and any other security now or hereafter held by B�eficiary or Trustee in such order and manner as they or either
<br /> of them may in therc absolute discretion determine. No remedy herein conferred upon or rese►ved to Trustee or Beneficiary is intended to be
<br /> exclusive of any other remedy herein or by law provided or permitted, but each shali be cumulative and shall be in addition to every other
<br /> remedy given hereunder or now or hereafter existing at law or in equiry or by statute. Every power or remedy given by any of the Loan
<br /> Instruments to Trustee or Beneficiary or to which ekher of them may be otherwise entkled, may be exercised, concurrenty or independenty,
<br /> from time to time and as ott� as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies.
<br /> Nothing herein shall be construed as prohibking Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action
<br /> is permitted by law.
<br /> F73340.LM0(7/B7) Pays 3 of 5
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