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�U � � � � ��9
<br /> (�l a writ ot execution or attachment o( any similar process shall be entered a�ainst Trustor which shall
<br /> become a lien on the Trust Estate or any portion thereof o� interest therein and such execution, attachment or similar
<br /> process o( judgment is not released, bonded, �satisfied, vacated or stayed within sixty (60) days after its entry or levy; or
<br /> (e) there has occurred a breach ot or default under any term, covenant, apreement, condition, provision,
<br /> rep�esentation or warranty contained in any prior deed of trust or mortgage affecting the Trust Estate.
<br /> 10. Acco/aiation upon De/au/t; Addit/ona/ Remedias. If an eveni of default occurs, 8eneliciary may declare the '
<br /> Indebcedness secured hereby to be due and payable and the same shall thereupon become due and payable without any '
<br /> presentment, demand, protest or notice o( any kind. Thereafter, Beneficiary may:
<br /> U) 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 upon and take possession of the Trust Estate, or any
<br /> part thereof, in its own name or in the name of Trusiee, and do any acts which it deems necessary or desirable to preserve
<br /> the value, marketability or rentability of the Trust Estate, or part thereo( or interest therein, increase the income therefrom '
<br /> or protect the security hereof and, with or without takinfl possession of the Trust Estate, sue for o� otherwise collect the
<br /> rents, issues and profits thereof, includinp those past due and unpaid, and apply the same, less costs and expenses of
<br /> operacion and collection includinfl attomeys' fees, upon any indebtedness secured hereby, all in such o�der as Beneficiary
<br /> may determine. The enterinc� upon and takinp possession of the Trust Estate, the collection of such rents, issues and '
<br /> profits and the application thereof as a(oresaid shall not cure or waive any default o� notice o( de(ault hereunder or
<br /> ir�vali�fate any act done in response to such default or pursuant to such notice of detault and, notwithstanding the
<br /> con[inuance in possession of the Trust Estate or the collection, receipt and application o( rents, issues or profits, Trustee
<br /> or Bene(iciary 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 Trusi as a mortgage, appoint a receiver or speciticalfy
<br /> enforce any of the covenants hereof;
<br /> (iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of default and '
<br /> election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly fited (or
<br /> record in the appropriate offices of the County in which the Trust Estate is located; o►
<br /> (iv) exercise such other rights or remedies at law or in equity.
<br /> 1 t. Forac%su�e byPowero/Sa/e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Bene(iciary shall notify Trustee and shall deposit with Trustee 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 receipi oi such notice from Beneficiary, Trustee shalt 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 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 after Notice of Sale having been piven 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 shalt deem expedient,
<br /> and in such order as it may determine, at public auction to the highest bidder for cash in tawiul money of the United States
<br /> payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and su(ticient 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 truthtulness 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) ihe
<br /> Indebtedness (ii) all other sums then secured hereby, a�d (iii) the remainder, if any, to the person or persons legally entitled '
<br /> thereto.
<br /> (c) Trustee 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 ot any indebtedness or obligations sec�red hereby and to exercise all rights and powers under this Second Deed of
<br /> Trust or under any Loan Instrument or other ac�reement or any laws now or herea(ter in force; notwithstandinq, some or all of the
<br /> such in��btc�lness and obliUations secured hcreby may now or herea(ter bc otherwise secured, whether by mortpaflc, deed of trust,
<br /> pled�e, lien, assi�nmant or otherwise. NeiU�er the acceptance of this Second Deed o( Trust nor its en(orcement, whether by court
<br /> action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or
<br /> Bene(iciary's ripht .o realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that
<br /> Trustee and Beneficiary, and each ot them, shall be entitled to enforce this Second Deed ot Trust and any other security now or
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