(d� a writ of t ion or a '
<br /> become a lien ttachment of any similar process be entered against Trustor w,
<br /> on the Trust E��ate or any por�ion thereof or interest therein and such execu[ion, attachment or
<br /> process of judgment is not released, bonded, satisfied, vacated or stayed within sixt (60) da s after its entr h�ch shall .
<br /> y y similar
<br /> �e1 there has occurred a breach of or default under an y °f�evy;�
<br /> representation or warranty contained in any prior deed of irust or mortgage affect ng�the T ust Estate.dition,
<br /> p�ovisio�
<br /> ��• A c c e%ia tion upon Defau/t,• Additiona/ Remedies. If an event of default occurs, Beneficiary ma de
<br /> Indebtedness secured hereby to be due and payable and the same shall thereupon become due and a able �
<br /> presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may; Y ��are t
<br /> P Y witho�t ar�
<br /> (�j either in person or by agent, with or without bringing any action or proceeding, or by a receiver a �
<br /> by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate
<br /> parc thereof, in its own name or in the name of Trustee, and do any acts which it deem ppo'nt�
<br /> the value, marketability or rentabifity of the Trust Estate, or part thereof or interest therein, increase the income therefrany
<br /> or protect the securiry hereof and, with or without takin s necessary or desirable to preserve
<br /> rents, issues and profits thereof, includin 9 Possession of the Trust Estate, sue for or otherwise collect the
<br /> operation and collection includin 9 those past due and unpaid, and apply the same, less costs and expenses of
<br /> may determine. The entering upon andet ki�ees, upon any indebtedness secured hereby, afl in such order as Beneficiary
<br /> profits and the application thereof as aforesaidpshallsnot cure hor wraSVeEany defaultoo'e nto�ice of defaultthereunde and
<br /> invafidate any act done in response to such default or pursuant to such notice of default and, notwithstandin
<br /> continuance in possession of the Trust Estate or ihe collection, receipt and application of rents, 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 u ton
<br /> occurrence of any event of default, including the right to exercisz the power of sate;
<br /> P
<br /> (��1 commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specificall
<br /> enforce any of the covenants hereof;
<br /> Y
<br /> (iii} deliver to Trustee a written declaration of default and demand for sale and a written notice of default and
<br /> etection to cause Trustor's intzrest in ihe Trust Estate to be sold, which notice Trustee shall cause to be duly filed for
<br /> record in the appropriate offices of ihe County in which the Trust Estate is located; or
<br /> (iv) exercise such other rights or remedies at law or in equity.
<br /> ��. Fo�eclosu�e by Power of Sa/e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained
<br /> Beneficiary shatl notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing ihe Inde
<br /> and such receipts and evidence of expenditures made and secured hereby as Trustee may require.
<br /> btedness
<br /> (al Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and b this Sec =
<br /> shall, without demand on Trustor, after such time as may then be required by law and afier recordation of such Notice of
<br /> Y ond De„d of Trust. Trustee
<br /> Default and after Notice of Sale having be=n given as required by law, sell the Trust Estate at the time and place of sale
<br /> fixed by it in such Notice of Sale, either as a whole, or in separate Iots or parcels or items as Truste= shall dee
<br /> and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United Stat�s
<br /> m expedient,
<br /> payable at the time of sale. Trust2e shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenant or:varranty, express or implied. The recitals in such deed
<br /> of any matters or facts shall be conclusive proof of the truthfulness thereof, Any person, including without limitation
<br /> Trustor, Trustee or Beneticiary, may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting afl costs, fees and expenses of Trustee and of this Trust,
<br /> including costs of evidence of title in connection with sale, Trustee shalt apply the proceeds of sale to payment of (i) the
<br /> Indebtedness (ii) all other sums then secured hereby, and (iii} the remainder, if any, to the person or er
<br /> thereto. p sons Iegally entitled
<br /> ��1 Truste� may in the manner provided by Iaw postpone sale of all or any portion of the Trust Estate.
<br /> �2• Remedies Not Exclusive. Trusiee and Beneficiary, and each of them, shall be entitled to enforce 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; notwithstandin , some r
<br /> such indebtedness and obligations s2cured hereby may now or hereafter be otherwise secured, whether by mortga e, deed of trust
<br /> 9 o all of the
<br /> G edge, lien, assiqnment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether b court
<br /> action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trus e 's or
<br /> Beneficiary�s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiar , it bein
<br /> Trustee and Benefic;ar� , t e
<br /> / and each of them, shall be entitled to enforce this Second Deed of Trust and an y 9 agreed that
<br /> ' y other securicy now or
<br /> 3
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