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MAY -03 -2001 THU 01:42 PM <br />FAX N0, P. 19/42 <br />200104095 <br />(b) Trustor shall perform any act in bankruptcy; or <br />(c) A court of competent jurisdiction shall enter an order, judgment or decree approving a <br />pctilion filed against Trustor seeking any rcorgani7ation, dissolution or similar relief <br />undcr any prescnt or future federal, state or other statute, law or regulation relating to <br />bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree <br />shall remain unvacatcd and unstayed for an aggregate of sixty (60) days (wlhctacr or riot <br />consecutive) from the first date of entry thereof; or any trustee, receiver or liquidator or <br />Trustor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues. issues or profits thereof, shall be appointed without the consent or acquiescence of <br />Trustor and such appointment shall remain unvacatcd and unstayed for an aggregate of <br />sixty (60) days (wlhcther or riot consecutive); <br />(d) A writ of execution or attachment of any similar process shall be entered against Tnrstor <br />which shall become a lien on the Trust Estate or arty portion thercof or interest therein <br />and such execution, attachment or similar process of judgment is 1101 released, bonded, <br />satisfied, vacated or stayed within sixty (60) days after its entry or levy; or <br />(e) There Ns occurred a breach of or default under any term, covenant, agreement, <br />condition, provision, representation or warranty contained in any prior deed of trust or <br />mortgage affecting the Trust Estate. <br />10. Acceleration upon Defcrtil[; Additional Rearediec. If an event of default occurs, <br />Beneficiary may declare tite indebtedness secured hereby to be due and payable and tine <br />same shell thereupon become due and payable without any resentment, demand, protest <br />or notice of any kind. 17hercafter, Beneficiary may; <br />(i) either in person or by agent, with or without bringing any action or proccxeding, or by a <br />receiver appointed by a court and without regard to the adequacy of its security, enter <br />upon and take possession of the Trust Estate, or any part thereof, in its own name or in <br />the name of Trustee, and do any acts which it deans necessary or desirable to preserve <br />the value, marketability or rentability of the Trust Estatc, or part thereof or interest <br />therein, increase the income therefrom or p0rotect the security hereof and, with or <br />without taking possession of the Tnist Estatc, sue for or otherwise collect the rents, issues <br />and profits thereof, including those past due and unpaid, and apply the snte, less costs <br />and expenses of operation and collection including attorneys' fees, upon any <br />indebtedness secured hereby, all in such order as Beneficiary may determine. The <br />eutcring upon and taking possession of the Trust Estate, the collection of such rents, <br />issues and profits and the application thereof as aforesaaid shall not cure or waive any <br />default or notice of default hereunder or invalidate any act done in response to such <br />default or pursuant to such notice of default and, notwithstanding the continuance in <br />Possession of the Tnust Estate or the collection, receipt and application of rents, issues or <br />profits, Trustee or Beneficiary shall been 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 <br />the right to exercise the power of sale; <br />(ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or <br />specifically enforce any of the covenants hereof; <br />(iii) deliver to Tntstec a written declaration of default and demand for sale and a written <br />notice of dclault and election to cause Trusior's interest in the Trust Estate to be sold, <br />which notice Trustee shall cause to be duly !iced for record in the appropriate offices of <br />the County in which the Trust Estate is located; or <br />(iv) exercise such of her rights or remedies at law or in equity. <br />1 ]. ! %orrcln,sure by PoH er of,Salc. if Beneficiary clec s to foreclose by exercise of the Power of Sale <br />herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Decd <br />of Tnhst and any note evidencing the Indebtedness and such receipts and evidence of expenditures <br />made and secured hereby as Trustee may require, <br />P , (� A .4 6, 4, <br />