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_ ���WV � � �_ � <br /> 7. The Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the rents, <br /> issues and profits of the property and of any personal property located thereon with or without taking possession of the property <br /> affected hereby, and Trustors hereby absolutely and unconditionally assign all such rents, issues and profits to the beneficiary. The <br /> beneficiary, however, hereby consents to Trustors' collection and retention of such rents, issues and profits, so long as Trustors are <br /> not, at such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement <br /> hereunder. If any event of default described hereafter in respect to this Deed of Trust shall have occurred and be continuing, the <br /> Beneficiary, as a matter of right and without notice to Trustors or anyone claiming under Trustors, and without regard to the value of <br /> the trust estate or the interest of the Trustors therein, shall have the right to apply to any court having jurisdiction to appoint a <br /> receiver of the property. <br /> 8. The Beneficiary, or its agents, are authorized to enter at any reasonable time upon or in any part of the property for the <br /> purpose of inspecting the same and for the purpose of perfornung any of the acts they are authorized to perform under the terms of <br /> any loan instruments executed by Trustors. <br /> 9. If all or any part of the property or any interest of Trustors is sold, transfened or further encumbered without the written <br /> consent of the Beneficiary, the Beneficiary may declare all sums secured by this Trust Deed to be immediately due and payable and <br /> proceed to the remedies available to it under the default provisions contained herein. <br /> 10. Any of the following events shall be deemed an event of default hereunder: <br /> a. Trustors shall have failed to make payment of any installment of principal or interest or any other sums secured hereby when <br /> due; <br /> b. There has occurred a breach of or default under any term, covenant, agreement, condiUon, provision, representation or <br /> wananty contained in this Deed of Trust,the note or any other loan instrument secured hereby; <br /> c. There has been a default by the Trustors in the payment of any prior or subsequent lien or encumbrance in respect to all or any <br /> part of the property; <br /> d. Trustors shall file a voluntary petition in bankruptcy or shall be adjudicated banlcrupt or insolvent, or shall make an <br /> assignment for the benefit of creditors in respect to the property; or an action to enforce any lien or encumbrance or judgments <br /> against the property is commenced. <br /> 11. In the event of any default, the Beneficiary may declare all indebtedness secured hereby to be due and payable and the same <br /> shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the <br /> Beneficiary may: <br /> a. either in person or by agent, with or without bringing any action or proceeding, or by receiver appointed by a court and <br /> without regard to the adequacy of any security, enter upon and take possession of the property, or any part thereof, in its own <br /> name or in the name of the Trustee, and do any acts which it deems necessary and desirable to preserve the value, <br /> marketability or rentability of the property, or part thereof, or interest therein, increase the income therefrom or protect the <br /> security hereof and,without taking possession of the property, sue for or otherwise collect the rents, issues and profits thereof, <br /> including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including <br /> attorney fees, upon any indebtedness secured hereby> all in such order as the Beneficiary may determine. The entering upon <br /> and taking possession of the trust estate, the collection of such rents, issues and profits and application thereof as aforesaid <br /> shall not cure or waive any default or notice of default hereunder or invalidate any act and in response to such default or <br /> pursuant to such notice of default and notwithstanding the continuance in possession of the property or the collection, receipt <br /> and application of rents,issues or profits, Trustee or the Beneficiary may be entitled to exercise every right provided for in any <br /> of the loan instnunents or by law upon occurrence of any event of default, including the right to exercise the power of sale; <br /> b. commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the <br /> covenants hereof; <br /> c. deliver to Trustee a written declaration of default and demand for sale, and written notice of default and election to cause <br /> Trustors' interest in the property to be sold, which notice Trustee shall cause to be duly filed for record in the official records <br /> of the county in which the property is located. <br /> 12. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall notify Trustee <br /> and shall deposit with Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and secured <br /> hereby as Trustee may require, and upon request of the Beneficiary, the 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 by this Deed of Trust. Trustee shall without demand <br /> on Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale <br /> having been given as required by law, sell the property at the time and place of sale fixed by it in such Notice of Sale, either as a <br /> whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public <br /> auction to the highest bidder for cash and shall deliver to such purchaser or purchasers thereof a deed to the property sold,consistent <br /> with the law then in effect. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br /> Trustee shall apply the proceeds of the sale in the following order: (a)to all reasonable costs and expenses of the sale, including but <br /> not limited to Trustee's fees of not more than 2%of the gross sale price, reasonable attorney fees and costs of title evidence; (b)to all <br /> sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any person, <br /> including the Beneficiary, may purchase said property at said sale. Trustee may in the manner provided by law, postpone sale of all <br /> or any portion of the property. <br /> 13. Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or <br /> obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any loan instrument or other <br /> agreement or any laws nor or hereafter enforced notwithstanding some or all of the indebtedness and obligations secured hereby <br /> which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lieq assignment or otherwise. <br /> Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other <br /> powers herein contained, shall prejudice or in any manner affect Trustee's or the Beneficiary's right to realize upon or enforce any <br /> other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and the Beneficiary, and each of <br /> them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in <br /> such order and manner as they may in their absolute discretion determine. No remedy herein confened upon or reserved to Trustee <br /> or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or pernutted, but each shall be cumulative <br /> and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or equity or by statute. Every <br /> power or remedy given by any of the loan instruments to Trustee or the Beneficiary or to which either of them may be otherwise <br /> entitled may be exercised, concunently or independently, from time to time and as often as may be deemed expedient by Trustee or <br /> Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting the Beneficiary <br /> from seeking a deficiency judgment against Trustors to the extent such action is permitted by law. <br /> 14. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the <br /> address set forth in the first paragraph of this Deed of Trust. <br /> L� <br />