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� 200000390
<br /> 9. INSPECTIONS. Beneficiary, or its agents, representatives or
<br /> workmen, are authorized to enter at any reasonable time upon or in any
<br /> part of the Trust Estate for the purpose of inspecting the same and for
<br /> the purpose of performing any of the acts it is authorized to perform
<br /> under the terms of any of the Loan Instruments.
<br /> 10. EVENTS OF DEFAULT. Any of the following events shall be
<br /> deemed an event of default hereunder.
<br /> (a) Trustor shall have failed to make payment of any installment
<br /> of interest, principal, or principal and interest or any other sum
<br /> secured hereby when due; or
<br /> (b) There has occurred a breach of or default under any term,
<br /> covenant, agreement, condition, provision, representation or warranty
<br /> contained in any of the Loan Instruments.
<br /> 11. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an
<br /> event of default occur Beneficiary may declare all indebtedness secured
<br /> hereby to be due and payable and the same shall thereupon become due
<br /> and payable without any presentment, demand, protest or notice of any
<br /> kind. Thereafter Beneficiary may:
<br /> (i) Either in person or by agent, with or without bringing any
<br /> action or proceeding, or by a receiver appointed by a court and without
<br /> regard to the adequacy of its security, enter upon and take possession
<br /> of the Trust Estate, or any part thereof, in its own name or in the
<br /> name of Trustee, and do any acts which it deems necessary or desirable
<br /> to preserve the value, marketability or rentability of the Trust
<br /> Estate, or part thereof or interest therein, increase the income
<br /> therefrom or protect the security hereof and, with or without taking
<br /> possession of the Trust Estate, sue for or otherwise collect the rents,
<br /> issues and profits thereof, including those past due and unpaid, and
<br /> apply the same, less costs and expenses of operation and collection
<br /> including attorneys' fees, upon any indebtedness secured hereby, all
<br /> in such order as Beneficiary may determine. The entering upon and
<br /> taking possession of the Trust Estate, the collection of such rents,
<br /> issues and profits and the application thereof as aforesaid, shall not
<br /> cure or waive any default or notice of default hereunder or invalidate
<br /> any act done in response to such default or pursuant to such notice of
<br /> default and, notwithstanding the continuance in possession of the Trust
<br /> Estate or the collection, receipt and application of rents, issues or
<br /> profits, Trustee or Beneficiary shall be entitled to exercise every
<br /> right provided for in any of the Loan Instruments or by law upon
<br /> occurrence of any event of default, including the right to exercise the
<br /> power of sale;
<br /> (ii) Commence an action to foreclose this Deed of Trust as a
<br /> mortgage, appoint a receiver, or specifically enforce any of the
<br /> covenants hereof;
<br /> (iii) Deliver to Trustee a written declaration of default and
<br /> demand for sale, and a written notice of default and election to cause
<br /> Trustor' s interest in the Trust Estate to be sold, which notice Trustee
<br /> shall cause to be duly filed for record in the appropriate Official
<br /> Records of the County in which the Trust Estate is located.
<br /> 12 . FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to
<br /> foreclosure by exercise of the Power of Sale herein contained,
<br /> Beneficiary shall notify Trustee and shall deposit with Trustee this
<br /> Deed of Trust and the Note and such receipts and evidence of
<br /> expenditures made and secured hereby as Trustee may require.
<br /> (a) Upon receipt of such notice from Beneficiary, Trustee shall
<br /> cause to be recorded, published and delivered to Trustor such Notice
<br /> of Default and Notice of Sale as then required by law and by this Deed
<br /> of Trust. Trustee shall, without demand on Trustor, after such time
<br /> as may then be required by law and after recordation of such Notice of
<br /> Default and after Notice of Sale having been given as required by law,
<br /> sell the Trust Estate at the time and place of sale fixed by it in such
<br /> Notice of Sale, either as a whole, or in separate lots or parcels or
<br /> items as Trustee shall deem expedient, and in such order as it may
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