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201700884
<br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of
<br />default occur, Beneficiary may declare all indebtedness secured hereby to be due and payable,
<br />and the same shall thereupon become due and payable without any presentment, demand,
<br />protest, or notice of any kind. Thereafter the Beneficiary may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by
<br />a receiver appointed by a Court and without regard to the adequacy of its security, enter upon
<br />and take possession of the Trust Estate, or any part thereof, in its own name or in the name of
<br />Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the
<br />income therefrom or protect the security hereof, and with or without taking possession of the
<br />Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those
<br />past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection, including attorney's fees, upon any indebtedness secured hereby, all
<br />in such order as Beneficiary may determine. The entering upon and taking possession of the
<br />Trust Estate, the collection of such rents, issues and profits and the application thereof as
<br />aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act
<br />done in response to such default or pursuant to such notice of default and, notwithstanding the
<br />continuance in possession of the Trust Estate or the collection, receipt and application of rents,
<br />issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in
<br />any of the Loan Instruments or by law upon occurrence of any event of default, including the
<br />right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />receiver, or specifically enforce any of the covenants hereof;
<br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written
<br />notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which
<br />notice Trustee shall cause to be duly filed for record in the appropriate Official Records of the
<br />County in which the Trust Estate is located.
<br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by
<br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall
<br />deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of
<br />expenditures made and secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded,
<br />published and delivered to Trustor such Notice of Default and Notice of Sale as then required
<br />by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as
<br />may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Trust Estate at the time and place of sale
<br />fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br />Trustee shall deem expedient, and in such order as it may determine, at public auction to the
<br />highest bidder for cash, in lawful money of the United States, payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof, its good and sufficient deed or
<br />deeds, conveying the property so sold, but without any covenant or warranty, express or
<br />implied. The recitals in such deed of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. Any person, including, without limitation, Trustor, Trustee, and Beneficiary,
<br />may purchase at such sale, and Trustor hereby covenants to warrant and defend the title of
<br />such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee
<br />and of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply
<br />the proceeds of sale to payment of (i) all sums expended under the terms hereof, not then
<br />repaid, with accrued interest at 12 percent per annum, (ii) all other sums then secured hereby,
<br />and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of
<br />the Trustee Estate.
<br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall
<br />be entitled to enforce payment and performance of any indebtedness or obligations secured
<br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan
<br />Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or
<br />all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise
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