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200001311 <br />apply such compensation, at its option, either to a reduction of the indebtedness secured hereby, or to repair and restore the property <br />so taken. <br />6. The Beneficiary may, but shall have no obligation to, do any act which Trustors have agreed but failed to do, and the <br />Beneficiary may also do any act it deems necessary to protect the lien hereof. Trustors agree to repay, upon demand, any sums so <br />expended by the Beneficiary for the above purposes, and any sum so expended shall be added to the indebtedness secured hereby and <br />become secured by the lien hereof. The Beneficiary shall no incur any liability because of anything it may do or omit to do <br />hereunder. <br />7. The Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the rents, <br />issues and profits of the property and of any personal property located thereon with or without taking possession of the property <br />affected hereby, and Trustors hereby absolutely and unconditionally assign all such rents, issues and profits to the beneficiary. The <br />beneficiary, however, hereby consents to Trustors' collection and retention of such rents, issues and profits, so long as Trustors are <br />not, at such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement <br />hereunder. If any event of default described hereafter in respect to this Deed of Trust shall have occurred and be continuing, the <br />Beneficiary, as a matter of right and without notice to Trustors or anyone claiming under Trustors, and without regard to the value of <br />the trust estate or the interest of the Trustors therein, shall have the right to apply to any court having jurisdiction to appoint a <br />receiver of the property. <br />8.. The Beneficiary, or its agents, are authorized to enter at any reasonable time upon or in any part of the property for the <br />purpose of inspecting the same and for the purpose of performing any of the acts they are authorized to perform under the terms of <br />any loan instruments executed by Trustors. <br />9. If all or any part of the property or any interest of Trustors is sold, transferred or further encumbered without the written <br />consent of the Beneficiary, the Beneficiary may declare all sums secured by this Trust Deed to be immediately due and payable and <br />proceed to the remedies available to it under the default provisions contained herein. <br />10. Any of the following events shall be deemed an event of default hereunder: <br />a. Trustors shall have failed to make payment of any installment of principal or interest or any other sums secured hereby when <br />due; <br />b. There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or <br />warranty contained in this Deed of Trust, the note or any other loan instrument secured hereby; <br />c. There has been a default by the Trustors in the payment of any prior or subsequent lien or encumbrance in respect to all or any <br />part of the property; <br />d. Trustors shall file a voluntary petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall make an <br />assignment for the benefit of creditors in respect to the property; or an action to enforce any lien or encumbrance or judgments <br />against the property is commenced. <br />11. In the event of any default, the Beneficiary may declare all indebtedness secured hereby to be due and payable and the same <br />shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the <br />Beneficiary may: <br />a. either in person or by agent, with or without bringing any action or proceeding, or by receiver appointed by a court and <br />without regard to the adequacy of any security, enter upon and take possession of the property, or any part thereof, in its own <br />name or in the name of the Trustee, and do any acts which it deems necessary and desirable to preserve the value, <br />marketability or rentability of the property, or part thereof, or interest therein, increase the income therefrom or protect the <br />security hereof and, without taking possession of the property, sue for or otherwise collect the rents, issues and profits thereof, <br />including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including <br />attorney fees, upon any indebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon <br />and taking possession of the trust estate, the collection of such rents, issues and profits and application thereof as aforesaid <br />shall not cure or waive any default or notice of default hereunder or invalidate any act and in response to such default or <br />pursuant to such notice of default and notwithstanding the continuance in possession of the property or the collection, receipt <br />and application of rents, issues or profits, Trustee or the Beneficiary may be entitled to exercise every right provided for in any <br />of the loan instruments or by law upon occurrence of any event of default, including the right to exercise the power of sale; <br />b. commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the <br />covenants hereof; <br />c. deliver to Trustee a written declaration of default and demand for sale, and written notice of default and election to cause <br />Trustors' interest in the property to be sold, which notice Trustee shall cause to be duly filed for record in the official records <br />of the county in which the property is located. <br />12. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall notify Trustee <br />and shall deposit with Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and secured <br />hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall 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 Deed of Trust. Trustee shall without demand <br />on Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale <br />having been given as required by law, sell the property at the time and place of sale fixed by it in such Notice of Sale, either as a <br />whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public <br />auction to the highest bidder for cash and shall deliver to such purchaser or purchasers thereof a deed to the property sold, consistent <br />with the law then in effect. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including but <br />not limited to Trustee's fees of not more than 2% of the gross sale price, reasonable attorney fees and costs of title evidence; (b) to all <br />sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any person, <br />including the Beneficiary, may purchase said property at said sale. Trustee may in the manner provided by law, postpone sale of all <br />or any portion of the property. <br />13. Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or <br />obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any loan instrument or other <br />agreement or any laws nor or hereafter enforced notwithstanding some or all of the indebtedness and obligations secured hereby <br />which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. <br />Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other <br />powers herein contained, shall prejudice or in any manner affect Trustee's or the Beneficiary's right to realize upon or enforce any <br />other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and the Beneficiary, and each of <br />them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in <br />such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee <br />or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative <br />and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or equity or by statute. Every <br />