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200003880 (,I) a Will of execuu0r, of alt;u:hn,er,l of ;rn become a lien un the l rust Fs (")(e or any purtior, Thereof or inleres y sinul,,r procr.ss shall he entenrrl J nns 1 Iherern and suc:lt execuho,,, atladmenl orca Sol nrl in Process of iudgrnent is nut released, bonded, smislied, vacated or stayed within sixty (60) clays alter its entry or levy; ur (e) (here has occurred a brcaclJ of or default under any lerrn, covenant, agreement, condition, provision, representation or warranty contained in any prior deed of trust or' mortgage affecting the Trust Estate. 10. Ared hereby a /,urr Ud/,ju /r; /Iddiyabl / and Illc If an event of default occurs, Beneficiary may dpr arc he pfeseleclness secured hereby lu be due and payable and the sane: Shall 11,creu,u, bee nn: dui and payable wi prescnUnenl, demand, protest or notice of any kind. 11,en:afler. Beneliciar may: p P� Y� (hoof any Y y: (r) either in person or by agent will, or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, or an part thereof, in its own name or in the n,,rne of Trustee, and cto any acts which it deems necessary or desirable to peserve the value, marketability or rentability of the •I rust Eslale, or part thereof or interest therein, increase, the income therefrom re protect the security hereof and, will, or vv,ll,uut taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past due aril unpaid, and apply he same, less costs and expenses of operation and collection including attorneys' fees, upon ally indebtedness secu pd hereby, all in such order as Beneficiary may cfet0rmin0. The entering upon and taking possession of the Trust Estate, the collection of such rents, issues and profits and lye application response (hereof as alor0said shall nut cure or waive any default or notice of default hereunder or invalidate any act doer. in rrsponsd to sic :h default or pursuant to such notice of default and, notwithstanding (he or Beneficiary in possession of the Trust (state or 11,c colleclirn4 receipt and application of rrnls, Issues or profits, lnrslee or Bencliriary shall been c;nlitlr.d to exercise every right provided for in any of the. L f " InslIs ues or by I,tw 11111111 occurrence of arty even( of delaull, including (1,0 right to exercise the power of sale; (ii) commence an action to foreclose th enforce any of the covenants hereof; is teed of Trust as a mortgage, appoint a receiver or specifically (ill) deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor's interest in the Trust [state to be sold, which notice Trustee shall cause to be duly tiled for record in lh0 appropriate offices of lye County in which the Trust Estate is located; or Uvl exercise such other rights or remedies at law or in equity. t • fardc %sole by Power o1Sa /e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit Willi Trustee this Second Deed of Trust and any note evidencing the Indebte dness and such receipts and evidence of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice from Heneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trust. Trustee shall, without demand on Trustor, after such time as may 11,011 be required by law and after recordation of such Notice o Default and titter Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Nolicp. of Safe, either as a whole or in separate lots or parcels or items as Trustee shall deem expedient, 1 and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United Stales payable at the time of sale. Trustee sha11 deliver (0 such purchaser or purchasers thereof its good and suffici0ntleea or deeds matte imp the properly so sold, but without any covenant or warranty, express or implied. The recitals in such d of any matters or (acts shall be conclusive proof of th0 uutlllulness theleol. Any person, including without Trustor, Trustee or Beneficiary, u d Y, Y purrhasp, al such sale. limitation (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust including costs of evidence of Title in conndction with sale, Trustrd shall apply the proceeds of sale to payment o1 (q the Indebtedness (ii) all other sums thou secured hplel)y, and the remainder. If any, to the person or persons legally entitled thereto. (cl Trustee may in the manner provided by law Postpone sale of all or any portion of the Trust Estate, 12. Remedies Not Exclusive. Trustee and Elendliciar performance of any indebtedness or obligations secured hereby ' and each of them, shall be entitled to enforce Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or all o and y and to exercise all rights and powers under this Second Deed of such indebtedness and obligations secured hereby may now of hereafter be otherwise secured, whether by mortgage, deed PICdge, lien, assignment or oil,erwis0. Neither the acceptance of this SerootJ Decd of Trust nor its herb mortt Whether or all of trust, action or pursuant to the power of safe or other powers herein contained, shall prejudice or in any manner affect of trust, Beneficiary's right to realize upon or enforce any ol1,er Security S er now n hereafter held by Trustee or Beneficiary, it ferct Tru to court Trusted and Oeneficiary, and each or them, shall be entitled to enforce (Iris Second Deed of Trust and any other security 0: ot Y p agreed Char y uw o: 111111 —l3 I]