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<br /> (�) a writ o} execution or attachment o( any similar process shall be entered a��inst Trustor which shall
<br /> become a lien on the Trust Estate or any portion thereof or interest therein and such execution, aitachment or similar
<br /> process of judgment is not released, bonded, satistied, vacated or stayed within sixty (60) days after its entry or levy; or
<br /> (e) there has occurred a breach of or de(ault under any term, covenant, apreement, condition, provision,
<br /> representation or warranty contained in any prior deed of trust or mortgage af(ecting the Trust Esta[e.
<br /> 10. Acca/eration upon De/au/t; Additlona/ Ramedies. If an event of default occurs, Bene(iciary may decla�e the
<br /> Indebtedriess secured hereby to be due and payable and the same shall thereupon become due and payable without any
<br /> presentrnent, demand, protest or notice o( any kind. Thereafter, Beneficiary may:
<br /> (�) either in person or by apent, with or without bringing any action or proceeding, or by a receiver appointed
<br /> by a court and without regard to the adequacy of its security, enter upo� and take possession of the Trust Estate, or any
<br /> part thereof, in its own name ar in the name of Trusiee, and do any acts which it deems necessary or desirable to preserve
<br /> tt�e value, marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the income theretrom
<br /> or protect tfie security hereof and, with or without takinfl possession of the Trust Estate, sue for or otherwise collect the
<br /> rencs, issues and profits thereof, includinp those pasi due and unpaid, and apply the same, less cosis and expenses ot
<br /> ope:ration and collection includinfl attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary
<br /> may dete�mine. The enterinc� upon and takinp possession of the Trust Estate, the collection of such rents, issues and
<br /> prulits and the applic�tion thereof as aforesaid shall not cure or waive any default or notice of default hereunder or
<br /> inv�lidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the
<br /> con[inuance in possession of tiie Trust Estate or the collection, receipt and application of rents, issues or protits, Trustee
<br /> or Beneficiary shall been entitled to exercise every 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 power of sale;
<br /> (ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br /> en(orce any of the covenants hereof;
<br /> (iii) deliver to Trustee a written declaration of default and demand for sale and a written notice ot default and
<br /> election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed (or
<br /> record in the appropriate offices of the County in which the Trust Esiate is located; or
<br /> (iv) exercise such other rights or remedies at law or in equity.
<br /> 1 1. Forec%sure byPowe�ofSa/e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Bene(iciary st�all notify Trustee and shall deposit with T�ustee this Second Deed of Trust and any note evidencing the Indebtedness
<br /> and such receipts and evidence of expenditures made and secured hereby as Trustee may require.
<br /> (a) Upon receipt of such notice from Beneficiary, Trusiee shall�ause 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 Second Deed of Trust. Trustee
<br /> shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice of
<br /> Default and aiter Notice of Sale havinq been 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 lots or parcels or items as Trustee shall deem expedient,
<br /> and in such order as it may determine, at public a�ction to the hic�hest bidder (or cash in law(ul money of the United States
<br /> payable at tt�e tirne ot sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveyinfl the property so sold, but without any covenant or warranty, 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 Beneficiary, may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust,
<br /> including costs of evidence of title in connection with sale, Trustee shall 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 persons legally entitled
<br /> thereto.
<br /> (c) Trusiee may in the manner provided by law postpone sale o( all or any portion of the Trust Estate.
<br /> 12. Remedies Not Exc/usive. Trustee and Beneficiary, and each o( them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured hereby and to exercise all riphts and powers under this Second Deed o(
<br /> Trust or under any Loan Instrument or other ac�reement or any laws now or hereafter in force; notwithstandinp, some or all of the
<br /> such ind�btu�lncss and obliUatians secured hereby may�ow or hereafter be otherwise secured, whether by mortflafle, deed of trust,
<br /> ple���e, lici�, assi��nment or otherwise. Neither the acceptance of this Second Deed ot Trust nor its enforcement, whether by court
<br /> action or pursuant to the power o( sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or
<br /> Bene(iciary's right to realize upon or entorce any other security now o�herea(ter held by Trustee or Beneficiary, it being agreed that
<br /> Trustee and Beneticiary, and each ot them, shall be entitled to enforce this Second Deed ot Trust and any other security now or
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