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�� U00594 (dl a wnt of execut�on or attachment of any sim�lar process shall be entered aga�nst Trustor wh,c;ti shaii beCome a lien on the Trust Estate or any portion thereof or �nterest there�n and such execut�on, attachment or sun�lar process of judgment �s not released, bonded, satisfied, vacated or stayed within s�xty 160) d�ys after its entry or tevy; or (e) there has occurred a breach of or default under any term, covenant, agreement, condit�on, prov�s�on. representation or warranty contained in any prior deed of trust or mortgage affecting the Trust Estate. 10. Acce/eration upon De/au/t; Additiona/ Remedies. If an event of default occurs, Beneficiary may declare the Indebtedness secured hereby to be due and payable and the same shali thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may: (i) either in person or by agent, with or without bringing any action or proceeding, or by a receiver appo�ntea by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the income therefrom �or protect the security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses c' . operation and coliection incfuding attorneys' fees, upon any indebtedness secured hereby, ali in such order as Beneficiary may determine. The entering upon and taking possession of the Trust Estate, the collection of such rents, issues ar.d profits and the application thereof as aforesaid shail not cure or waive any defauit or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and appiication of rents, issues or profits, Trustee or Beneficiary shall been entitled to exercise every right provided for in any of the Loan Instruments or by law upor occurrence of any event of default, including the right to exercise the power of sale; (ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specificall�� enforce any of the covenants hereof; (iii} deliver to Trustee a written deciaration of default and demand for sale and a written notice of default anc election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed fer record in the appropriate offices of the County in which the Trust Estate is located; or (iv} exercise such other rights or remedies at law or in equity. 1 1. Forec%sure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein containeC, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the indebtedness and such receipts and evidence of expenditures made and secured hereby as Trustee may require. Ia) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, pubiished and delivere� to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trust. Truste� shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice c- Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sa�� fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedien-. and in such order as it may determine, at public auction to the highest bidder for cash in lawful money or the United State° payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed �� deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such dee� of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitaticr Trustor, Trustee or Beneficiary, may purchase at such sale. (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trus- including costs of evidence of title in connection with sale, Trustee shall apply the proceeds or sale to payment of (i} r_-,_ Indebtedness (ii} all other sums then secured hereby, and (iii► the remainder, if any, to the person or persons legally entitle� thereto. � Ic) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate. 12. Remedies Not Exc/usive. Trustee and 8eneficiary, and each of them, shall be entitfed to enforce payment ar:. performance of any indebtedness or obligations secured hereby and to exercise ail rights and powers under this Second Deed :;� Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or ail of tr� such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust pledge, lien, assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether by cour� action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's : Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed tha Trustee and Beneficiary, and each of them, shall be entitled to enforce this Second Deed of Trust and any other security now � HBA-8