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� 200001001 <br /> (c) There has been a default by the <br /> Trustor in the payment of any prior or subse- <br /> quent lien or encumbrance in respect to all <br /> or any part of the property; <br /> (d) Trustor shall file a voluntary pe- <br /> tition in bankruptcy or shall be adjudicated <br /> bankrupt or insolvent, or shall make an as- <br /> signment for the benefit of creditors in re- <br /> spect to the property; or an action to en- <br /> force any lien or encumbrance or judgments <br /> against the property is commenced. <br /> 12. Acceleration Upon Default. In the event of any de- <br /> fault, Beneficiary may declare all indebtedness secured hereby to <br /> be due and payable, and the same shall thereupon become due and <br /> payable without any presentment, demand, protest or notice of any <br /> kind. Thereafter, Beneficiary may: <br /> (a) either in person or by agent, with <br /> or without bringing any action or proceeding, <br /> or by receiver appointed by a court and with- <br /> out regard to the adequacy of any security, <br /> enter upon and take possession of the prop- <br /> erty, or any part thereof, in its own name or <br /> in the name of the Trustee, and do any acts <br /> which it deems necessary and desirable to <br /> preserve the value, marketability or rent- <br /> ability of the property, or part thereof or <br /> interest therein, increase the income there- <br /> from or protect the security hereof, and, <br /> without taking possession of the property, <br /> sue for or otherwise collect the rents, is- <br /> sues and profits thereof, including those <br /> past due and unpaid, and apply the same, less <br /> costs and expenses of operation and collec- <br /> tion, including attorney fees, upon any in- <br /> debtedness secured hereby, all in such order <br /> as Beneficiary may determine. The entering <br /> upon and taking possession of the trust es- <br /> tate, the collection of such rents, issues <br /> and profits and application thereof as afore- <br /> said shall not cure or waive any default or <br /> notice of default hereunder or invalidate any <br /> act and in response to such default or pursu- <br /> ant to such notice of default and, notwith- <br /> standing the continuance in possession of the <br /> property or the collection, receipt and ap- <br /> plication of rents, issues or profits, Trus- <br /> tee or Beneficiary may be entitled to exer- <br /> cise every right provided for in any of the <br /> loan instruments or by law upon occurrence of <br /> any event of default, including the right to <br /> exercise the power of sale; <br /> (b) commence on action to foreclose <br /> this Deed of Trust as a mortgage, appoint a <br /> receiver, or specifically enforce any of the <br /> covenants hereof; <br /> (c) deliver to Trustee a written decla- <br /> ration of default and demand for sale, and a <br /> written notice of default and election to <br /> cause Trustor' s interest in the property to <br /> be sold, which notice Trustee shall cause to <br /> be duly filed for record in the official rec- <br /> ords of the county in which the property is <br /> located. <br /> 13. Foreclosure by Power of Sale. Should Beneficiary elect <br /> to foreclose by exercise of the power of sale herein contained, <br /> Beneficiary shall notify Trustee and shall deposit with Trustee <br /> 4 <br /> . � <br />