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(�) a writ or e�ecution or attachment of any similar proc�ss shall be entered against Trustar �Nnicn shall
<br /> trecome a iien on ihe Trust _state or any portion thereof or interest therein and sucn execuDOn, attacnment ar similar
<br /> proc�ss of judqment is �ot released, bonded, satisried, vacated or stayed within sixty (601 days arter its entry or levy; or
<br /> C�
<br /> (e1 there has occ�rred a breach of or default under any term, covenant, aqreement, condition, provisian, �
<br /> representatron or �Narranry contained in any pnor deed of trust or mortgage affecting the Trust Estate.
<br /> 10. Acca/eration upon Defau/t; Additiana/ Remedies. If an event of deiault occ�rs. Beneficiary may dec:are ;he �
<br /> Indebtedness secured here�y to 5e due and payabte and the same shall ;hereupon 5ecnme due and payable without any �
<br /> presentment, aemand, protest or notice of any ;ci�d. Thereafter, Beneiiciary may: �
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<br /> (i) either in person or by agent, with or without bnnginq any acaon or procaeding, or by a receiver appo;rtted ~
<br /> by a court and without regard to the adequac� of its securiry, enter upon and take possessian of the Trust Estate, or arry
<br /> paR thereof, in its own name or in the name of Trustee, and do any ac;s whic:� it deems necessary or desirable to preserve
<br /> the value, marketability or rentability of�e Trust Estate, or part thereof or interest therein, increase the income therefrom
<br /> or pratect tt�e security hereof and, witfi or without taking passessian of the Trusr F..state, sue for or otherwise colle��e
<br /> rents, issues and profits thereof, including those past due and unpaid, and apply the same, Iess costs and expenses of
<br /> operauon and colleclion including attomeys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary
<br /> may determine. The enterinq upan and takinq possession of the Trust Estate, the collection of such rents, issues and
<br /> prafits and the application tt�ereof as aforesaid shall not cure or waive any default or natice of default hereunder or
<br /> invaiidate any act done in response ;o such default or pursuant to such notics of default and, notwiihstanding the
<br /> continuance in passession of the Trust Estate or the colleciion, receipt and application of rerns, issues or profits, Trustee
<br /> or Beneficiary shall been entitfed to exercise every riqht provided for in any of the Loan Insmlments or by law upon
<br /> occurrence ot any event or derault, inciuding the right to exercise the power of sale;
<br /> (iii commence an ac:ion to foreclose this Deed of Trust as a mortqage, appoint a receiver or spec:fically
<br /> enforce any of the covenants hereof;
<br /> (iiii de�iver �o 'rustee a wriren dec:aration or deiault and �emand for sale and a written noric� oT derawt and
<br /> elec;ion to �ause Trustor'; ;nterest in the i rust Estate .0 5e sole, wn�ch notic� Truszee shall cause :o �e duiy =iled �or
<br /> recora :n „^e approoriate �r'icas er �he C:.unry in whicn ,he Trus: Est�t� is loc�t°d; or
<br /> �:;iv� axercisz �ucn other ngr�s or remedies at !aw or in ��uir,r.
<br /> 1 1. Foreclosure by Power or Sa/e. if 8enericiary elec;s to forecfos2 �y �xerc:S2 OT�he Power or Saie ^erein centa�ned,
<br /> Beneiiciary snail non'ry Trustee and snail deposit•.vich Trustee this Sec�nd De�d or Trust and any note evidencing :7e Indeete�ness
<br /> and such rec��ots and 2vidence or �xoenditures rnade and sec�re� here�y as Trustes may recuire.
<br /> (ai Uoon rec�iot or such notice from Benericiary, Trustee shall cause to be recorded, pubiisned and deiivered
<br /> to Trustor such Notice oT Derault and Notic� or Sale as then required by law and by this Second Deed or Trust. Trustee
<br /> shall, •,vithout demand on Trustor, arter suc� time as may then be required by law and arter recordation or such �otice of
<br /> Default and after Notice or Sale having bean given as required by law, sell the Trust Estate at the time and place or sale
<br /> fixed by it in such Notic� or Sale, either as a wnole, or in separate lots or parcels or items as Trustee shall desm exoedient,
<br /> and in such order as it may determine, at public auc:ion to the highest bidder for cash in lawful money of the Unitea States
<br /> payable at the time of sale. Trustee shail deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the properry so sold, but�Nithout any covenant or warranty, express or implied. The rec:tals in such deed
<br /> of any matters or facts snafl be concfusive proof of the truthfulness thereof. Any person, inciuding without limitation
<br /> Trustor, Trustee or Benefictary, may purci�ase at such sale.
<br /> (b) As may be permitted by law, after deduc:ing all costs, fees and expenses of Trustee and of this Trust,
<br /> including costs of evidence or title in connec;ion with sale, Trustee shall apply the proceeds of sale to payment or (i) the
<br /> Indebtedness (iil all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legatly antitled
<br /> thereto.
<br /> (c) Trustes may in the manner p�ovided by law postpone sale of all or any portion of the Trust Estate.
<br /> 12. Remedies Not ExGusive. Trustes and Beneficiary, and each of them, shall be entitfed to enforce payment and
<br /> performance of any indebtedness or o6ligations secured hereby and to exercise all rights and powers under tfiis Second Deed of
<br /> 1'rust or under any Loan Instrument or other agresment 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 martgage, deed of trust,
<br /> pledge, lien, assignment or otherwise. Neither the acceptance af this Second Deed of Trust nar its enforcament, 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 riqht to realize upon ar eriforce any other securiry now or hereafter held by Trustee or Beneficiary, it being aqresd that
<br /> Trusiee and Beneficiary, and each of them, shaH be entitled to enforce this Second Deed of Trust and any other security now or
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