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� ��- 1t3�156 <br /> b. There has occurred a breach of or default under any <br /> term, covenant, agreement, condition, provision, representation or <br /> warranty contained in any of the Loan Instruments. <br /> 10. ACCELERRTION UPON DEFAULT, ADDITIONAL REMEDIES. Should an <br /> event of default occur, Beneficiary may declare aI1 indebtedness <br /> secured hereby to be due and payable and the same shall thereupon <br /> become due and payable without any presentment, demand, protest or <br /> notice of any kind. Thereafter Beneficiary may: <br /> a. Either in person or by agent, with or without <br /> bringing any action or proceeding, or by a receiver appointed by a <br /> court and without regard to the adequacy of its security, enter <br /> upon and take possession of the Trust Estate, or any part thereof, <br /> in its own name or in the name of Trustee, and do any acts which it <br /> deems necessary or desirable �o preserve the value, marketability <br /> or rentability of the Trust Estate, or part thereof or interest <br /> therein, increase the income therefrom or protect the security <br /> hereof and, with or without tak�ng possession of the Trust Estate, <br /> sue for or otherwise collect the rents, issues and profits thereof, <br /> including those past due and unpaid, and apply the same, less costs <br /> and expenses of operation and collection including attorney' s fees, <br /> upon any indebtedness secured hereby, all in such order as <br /> Beneficiary may determine. The entering upon and taking possession <br /> of the Trust Estate, the collection of such rents, issues and <br /> profits and the application thereof as aforesaid, shall not cure or <br /> waive any default or notice of default hereund�r or invalidate any <br /> act done in response to such default or pursuant to such notice of <br /> default and, notwithst�nding the continuance in possession of the <br /> Trust Estate or the collection, receipt and application of rents, <br /> issues or profits , Trustee or Beneficiary shall be entitled to <br /> exercise every right provided for in any of the Loan Instruments or <br /> by law upon occurrence of any event o� default, including the right <br /> to exercise the power of sale; <br /> b. Commence an action to foreclose this Deed of Trust as <br /> a mortgage, appoint a receiver, or specifically enforce any of the <br /> covenants hereof; <br /> c. Deliver to T=ustee a written declaration of default <br /> and demand for sale, and a written notice of default and election <br /> to cause Trustor 's interest in the Trust Estate to be sold, which <br /> notice Trustee shall cause to duly filed for record in the <br /> appropriate official records of the County in which the Trust <br /> Estate is located. <br /> 11. FORECLOSURE BY POWER OF SALE. 5hould Beneficiary elect to <br /> foreclose by exercise of the Power of Sale herein contained, <br /> Beneficiary shall notify Trustee and shall deposit with Trustee <br /> this Deed of Trust and the Note and such receipts and evidence of <br /> expenditures made and secured hereby as Trustee may require. <br /> 4 <br />