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I � <br /> 90_ loo�o.� <br /> (b) There has uu�urred a breach of ar default under ar�y <br /> term, covenant� agreement, condition, provision, representa�uian <br /> � or warranty contai�ed in this Deed of Trust, the note or any <br /> other loan instrument secured hereby; <br /> � (c) There has been a default by the Trustor in the Payment <br /> of any prior or subsequent line or encumbrance in respect to <br />� all or any part of the property; <br /> (c) Trustor shall file a voluntary petition in bankruptcy <br /> or shall make an assignment for the benefit of creditors in re- <br /> spect to the property; or an action to enforce any lie� or encum- <br /> brance or judgments against the property is commenced. <br /> � 11. Acceleration Upon Oefault. In the event of any default, 8eneficiary may <br /> declare all indebtedness secured hereby to be due and payable, and the same shall <br /> thereupon become due and payable without any presentment, demand, protest or notice <br /> of any kind. Therea#'ter, Beneficiary may: <br /> (a) either in person or by agent, with or without bringing <br /> any action or proceeding, or by receiver appointed by a court <br /> and withaut regard to the adequacy of any security, enter upon <br /> and take possession of the property, or any part thereof, in <br /> its own name or in the name of the Trustee, and do any acts which <br /> it deems necessary and desirable to preserve the value, market- <br /> ability or rentability of the property, or part thereof or inter- <br /> est therein, increase the income therefrom or protect the security , <br /> hereof and, without taking possession of the property, sue for <br /> . or otherwise collect the rents, issues and profits thereof, in- <br /> cluding those past due and unpaid, and apply the same, less costs -- <br /> and expenses of operation and collection, including attorney i� �=� <br /> fees, upon any indebtedness secured hereby, all in such order . -- <br /> as Beneficiary may determine. The entering upon and taking pos- � <br /> session of the trust estate, the collection of such rents, iss�es - <br /> . and profits and application thereof as aforesaid shall not cure -- <br /> or waive any default or notice of default hereunder ar inualidate <br /> any act and in response to such default or pursuant to such notice ` <br /> of default and, notwithstanding the continuance in possession =— <br /> of the property or the collection, receipt and application of ' <br /> rents, issues or profits, Trustee or Beneficiary may be entitled � <br /> . to exercise every right provided for in any of the loan i�stru- <br /> ments or by lam upon occurence of any event of default, including f .. <br /> the right to exercise the power of sale; � <br /> �.: <br /> (b) commence an action to foreclose this Deed of Trust �_..�� <br /> as a mortgage, appoint a receiver, or specifically enforce any i. � <br /> , ,,�:.( <br /> of the covenants hereof; <br /> (c) deliver to Trustee a written declaration of default <br /> and demand for sale, and a written notice of default and election � <br /> to. cause Trustor's interest in the property ta be sold, which <br /> notice Trustee shall cause to be duly filed for record in the <br /> . official records of the county in which the pro��rty is located. <br /> 12. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by <br /> exercise of the power of sale herein contained, Beneficiary shall notify Trustee <br /> and shall deposit with Trustee this Deed of Trust and the note and such receipts <br /> and evidence of expenditures made and secured hereby as Trustee may require, and <br /> __ upon request of the 8eneficiary, the Trustee shall file for record, in the County <br /> where the property is located, a notice of default, setting forth the name of the ,--_-_---__- <br /> Trustor, the Book and Page or pocument No. of this Deed of Trust as recorded in the ' <br /> County, the legal desc�iption of the above-described real estate and that a breach <br /> of an obligation, for which said real estate was conveyed as security, has occurred, � <br /> and setting forth the nature of such breach and the Trustee's election to sell the <br /> real estate to satisfy the obligation and shall mail copies of such notice in the <br /> manner prescribed by applicable law to Trustor and to such other persons prescribed � <br /> Lby applicable iaw. After the lapse of such time as may be required by applicable <br /> law, the Trustee shall give wri.tten notice of the timQ and place of sale to the per- ��' <br /> sons and in the manner prescribed by a�plicable law, describing the property ta be �r` <br /> _: sol� by its legal descripti.on, said notice also �o he �ublished in a newspaper of �� <br /> general circulation in the County wherein such property i� located, at. the tim�s ,.� <br /> and in the fashinn requirrri f�y �nulic��l�le law; and th� 7r��steP sh�] 1 t.hc�n sell •,aicj "' " <br /> ._ N1'`'[�"Tt•� :�}, the tlme ��r,r1 t�l�+t.r:� r)i��,l�-tn.�Leri in (.hE� r.��tice, in tht� m�tir�E�i [�i���viii!:t1 ��y <br /> j.it;� iri r�t fF•�.t ��L ".h�r t.ir�,�• �:f ! i ] ir�c� '.L�)�1 ru�t i-r.E�. �j� l�i�t�l i� •�u� 1 ir�n iu thr� ��ii�t�r�•.i <br /> � <br /> ���� <br /> s�,�!1�' ' � <br /> �fi.;r,°. - ,_ <br /> .h•'i" <br />