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(d� 8 wnt of BxeCUUUn Of aClll�tenl u1 arry sui�uai Nru�e^s s,nai� u� eni^�c:u auauist iiuswi w�ucn anau
<br /> ' become a lien on the Trust Estate or ai., ;iortbn thereof or interest'"���'�r�in and sucF scuNon, attachment or similar
<br /> process ol �udgment is not released, bonded,�satislied, vacated or stayed within sixty (6u) days after Its entry o� levy; or
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<br /> Iel there has occurred a breach of or default under any term, covenant, agreement, conditlon, provision,�
<br /> representation or warranty contained In any prior deed of trust or mortgage af(ecting the 1'rust Estate. '�
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<br /> 10. Acce/eradon upon De/au/t; Addlt/ona/ Remedles. If an event of default occurs, 9eneficiary may declare ttie�
<br /> �debtedness secured hereby to be due and payable and the same shall thereupon become due and payable wilhout any�
<br /> resentment, demand, protest or notice of any kind. 7hereatter, Beneficiary may: �
<br /> (I) either in person or by agent, with or without brinping any action or proceeding, or by a receiver appoirited�
<br /> by a court and without regard to the adequacy ot (ts security, enter upon and take possession of the Trust Estate, or �ny
<br /> part thereat, In Its own name or in the name ot Trustee, and do any acts which it deems necessary or desirable to preserve
<br /> the value, marketabflity ar rentability ot the 7rust Estate, or part thereof or interest therein, increase the income therefrom
<br /> or protect the security hereof and, with or without taking possession of the Trust Estate, sue (or or otherwise collect the
<br /> rents, Issues and profits the�eof, including those past due and unpaid, and apply the same, less costs and expenses of
<br /> operatfon and collectlon includ(ng attorneys' lees, upon any indebtedness secured hereby, all in such order as Benelfc(ary
<br /> may determine. The entering upon and taking possession of the Trust Estate, the collection of such rents, lssues and
<br /> pralfts and the application thereol as aforesaid shall not cure or waive any default or nodce o( default hereunder or
<br /> Invalidate any act done in respense to such default ar pursuant to such notice of default and, notwithstanding the
<br /> continuance In possesslon ot the Trust Estate or the collect(on, receipt and appiication ol rents, issues or protlts, Trustee
<br /> or Beneticiary shall been ent(tled to exercfse every right provided for in any o( the Loan Instruments or by law upon
<br /> occurrence o( any event of deiault, including the right to exercise the power o( sale;
<br /> (ii) commence an action to toreclose this Deed oi 7rust as a mortgaqe, appoint a receiver or specifically
<br /> entorce any of the covenants hereot;
<br /> (lii) deliver to Trustee a written declaration of detault and demand tor sale and a written notice of default and
<br /> election to cause Trustor's interest in the Trust Estate [o be sold, wl�icti notice Trustee shall cause to be duly liled tor
<br /> record In the appropriate oflices of the County in wlilch the Trust Estate is located; or
<br /> (iv1 exercise sucl� other rigl�ts or remedies at law or in equity.
<br /> 1 1, Forec%sure by Power oI Sa/e. If Beneficiary elects to foreclose by exercise ot the Power of Sale herein contained,
<br /> 3enalictary shall notffy Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing tfie indebtedness
<br /> and such receipts and evidence of expenditures made and secured hereby as Trustee may require.
<br /> (a) Upon receipt of such notice trom Beneliciary, 7rustee sliall cause to be recorded, published and delivered
<br /> to 7rustor such Notice of Delault and Notice of Sale as lhen requ(red by law and by tl�is Second Deed of Trust. Trustee
<br /> shall, wilhout demand on Trustor, atter such time as may tlien be required by law and after recordation of such Notice of
<br /> Detault and atte� Not(ce o( Sale having been given as required by law, sell the 7rust Estate at the ttme and place ol sale
<br /> fixed by it In such Notice ot Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient,
<br /> and ln such order as it may determine, at public auction to the highest bidder tor cash in lawtul money of the United 5tates
<br /> payable at tt�e time al sale. Trustee sliall deliver to such purchaser or purchasers tf�ereof its good a�d su(Ilcient deed or
<br /> deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals In such deed
<br /> of any matters or tacts shall be conclusive prool of the truthfulness thereof. Any pe►son, Including wlthout Ilmitation
<br /> Trustor, Trustee or Beneficia�y, may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting all costs, tees and expenses of Trustee a�d of this Trust,
<br /> Includ(ng costs ot ev(dence of tit`e in cannection with sale, Trustee shail apply the proceeds o1 sale to payment ol (i) tl�e
<br /> Indebtedness (li) all other sums then secured hereby, and Iiif1 the remainder, il any, to the person or persons legally entitled
<br /> thereto. •
<br /> 1c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate.
<br /> 12. Remedles Nof Excluslve. �'rustee and Beneliciary, and each of them, shall be entitled to enforce payment and
<br /> pertormance ot any Indebtedness or obligatlons secured hereby and to exercise atl rigl�ts and powers under this Second Deed of
<br /> Trust or under any Loan Instrument or other agreement or any laws now or hereatter in force; notwithstanding, some or all ot the
<br /> such Indebtedness and obligations secured hereby may now or hereatter be otherwise secu�ed, whether by mortgage, deed of trust,
<br /> • ' �ge, lien, assignment or otherwise. Neither the acceptance ol this Second Deed of 7rust nor its enforcement, whetlier by court
<br /> �n or pursuant to the pawer of sale or other powers herein contained, shail prejudice or in any manner af(ect Trustee's or
<br /> Bene((clary's right to tealize upon or enforce any other security now or�ereafter held by Trustee or 6enefic(ary, It being agreed that
<br /> Tr�stee and Beneflctary, and each ol them, shall be entitled to enforc Ihis Second Deed ol Trust and any other security now or
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