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 "' "
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