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<br /> � (d) a writ of executlon ar attachment ot any slmltar process shall be entered agalnst Trustor which shall ,.
<br /> i become a Ilen on the Trust Estate or any portlon thereot or InterQSt thereln and such executlon,attachment or similar
<br /> 1 process of Judgment Is not released, bonded,satisfied,vacated or stayed wfthln sixry(60)days after Its entry or lavy;
<br /> � or
<br /> " (e) there has occurred e breach of or dafault under eny term,covenant,agreement,conditfon,provision,
<br /> � representatlon or warranN contained in any prfpr cieed of trust or mortgage affecting the Trust Estate. .
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<br /> 10. ACCELERATIONS UPON DEFAULT;ADDITIONAL REMEDIES. If an event of default occurs,Beneflcfary may _
<br /> declare the Indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable ��„-�?
<br /> wfthout any presentment,demand,protest or notice of any k(nd. Thereafter,Beneflc(ary may: _
<br /> (i) either in person or by agent, with or withaut bringing any action or proceeding, or by a receber -�
<br /> appalnted by a court and without regard to the adequacy of fts secu�(ty,enter upon and take possession of the Trust �
<br /> Estate, or any part thereof, in fts own name or in the name of Trustee,and do any acts whlch it deems necessary or =. _
<br /> deslrable to preserve the value, mar{cetabiliry or rentability of the Trust Estate, or part thereof or Interest thereln, �=��
<br /> � increase the Income therefrom or protect the security hereof and, wfth or without taking possession of the Trust --
<br /> Estete, sue for or otherwise collect the rents, issues and proflts thereof, including those past due and unpaid, and
<br /> apply the same, Iess costs and expenses of operation and cdlection including attorney's fees, upon any
<br /> indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking
<br /> possession of the Trust Estate, the c;ollectlon of such rents, issues and profiis and the application thereof as
<br /> atoresaid shall not cure or walve any deiauit or notice of defauit hereunder ar invalidate any act done in response to _
<br /> A such default or pursuant to such not(ce of defauit and, notwlthstanding the continuance in possesslon of the Trust
<br /> Estate or the collection,recelpt and application of rents, (ssues or profits,Trustee or Beneficlary shall be entftled to
<br /> � exercise every rlght provided for In any of the Loan Instruments or by law upon occurrence of any event of defauit, w�
<br /> Inciuding the right to exercisethe power of sale; •-�����
<br /> ' (ii) commence an action to foreclose this Deed of Trust as a mortgage,appolnt a receiver or specNically — -
<br /> � enfarce any of the convenants hereof; � '''.: –�
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<br /> (ili) detiver to Trustee a written declaration of default end demand for sale and a written notice of default "a""
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<br /> and electlon to cause Trustor's interest In the Tnrst Estate to be sdd,which notice Trusteo shali cause to be duly flled �•'
<br /> for record In the appropriate offices of the County In which the Trust Estate is located;or �•��.�`�_
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<br /> (iv) exercise such other rights or remedles at law or fn equlty. �a"
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<br /> 11, FORECLOSURE BY POWER OF SALE. If 8eneticiary elects to foreclose by exercise of the Power of 5ale rz•
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<br /> hereln contalned, Benef(cfary shall notHy Trustee and shali deposft wfth Trustee the Second Deed of Trusi and any note g-
<br /> � evidencing the Indebtedness and such recelpts and evidence of expenditures made and sscured hereby as Trustee may
<br /> �equire.
<br /> � (a) Upon recetpt of such notice ftom Beneflciary, Trustee shall cause to be recorded, pubifshed and .�
<br /> delivered to Trustor such Notice of Deiault and Notice of Sale as then requlred by law and by this Second Deed of �.
<br /> Trust. Trustee shall without demand on Trustar,after such tfine as may then be required by law and aiter recordation
<br /> � of such Notice of Dotault and after Notice of Sale having been gfven as requlred by Iaw, sell the Trust Estate at the �,..__�
<br /> tlme and place of safo flxed by it fn such Notico of Sale, efther as a whde, or in separate lots or�►arcels or Items as =
<br /> Trustee shall deem oxpedient,and in such order as it may determine,at pubtic auctlon to the highest bidder for cash _ __
<br /> In lawful money of the Unfted States payable at the time of sale. Trustee shall deliver to such purchaser or
<br /> � purchasers thereof Rs good end sufficient deed or deeds conveying the property so sold,but without any covenant -
<br /> or warranry exprosssd or Irnplied. The recitals In such deed of any matters or tacts shall be conclusive proof of the __
<br /> truthfulness thereof. Any person,Including wiihout Ilmftatlon Trustor,Tr�stee or Beneficlary, may purchase at such -�;_Qa��
<br /> sale.
<br /> (b) As may be permftted by law,after deducting all casts,fees and expenses of Trustee and af this Trust, � '�'
<br /> including costs of evidenco of tiUe in connection wfth sale,Trustee shall apply the proceeds of sale to payment of(t) ' J::�:::
<br /> t h e I n d e b t e d n e s s(1 1) a l l o t h e r s u m s t h e n s e c u r e d h e r e b y,a n d (I i i) t h e r e m al n d er,if an y,to the p erson or p ersons :�'^ �%a�„�,;
<br /> legally entiUed thero3o. ��`�,��`:',!'�.;���
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<br /> (c) Trustee may In the manner provided by law postpone sale of all or any portlon of tho Trust Estate. •
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<br /> 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneflclary, and each of 2hem, shall be entttled to entorce ` �:r.��.'
<br /> payment and pertormance of any Indebteciness or obllpations secured hereby and to exercise all rights and powers under .
<br /> thls Second Deed of Trust or urxler any Loan Instrument or other agreerII►arit or any laws now or hereafter In force;
<br /> notwithstanding,some or all of the such Indebtedness and obligattons secur�ed hereby rnay now or hereafter be otherwise .
<br /> secured,whether by mortgage,deed of trust,pledge,Ilen,assignment or otherwise. Nefther the acceptance of this Second
<br /> .,� Deed of Tnist not fts enforcement, whether by court actlon or pursuant to the pow�r of sale or other powers hereln
<br /> contelned, shall preJudice or In any manner affect Trustee's or Beneficiary's right to c�tize upon or enforce any other
<br />_ � security now or hereafter hefd by Trustee or BeneNclary, ft being agreed that Tr�stee and Beneflciary, and each of them,
<br /> shall be entftted to er�orce thl3 Second Deed of Trust and any other security now or hereafter held by Beneficlary
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