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200105719 <br />10. Events of Default. Any of the following events shall be deemed <br />an event of default hereunder: <br />(a) Trustor shall have failed to make payment of any <br />installment of interest, principal or principal and interest <br />or any other sums secured hereby when due; <br />(b) There has occurred a breach of or default under any <br />term, covenant, agreement, condition, provision, <br />representation or warranty contained in this Deed of Trust, <br />the note or any other loan instrument secured hereby; <br />(c) There has been a default by the Trustor in the <br />payment of any prior or subsequent lien or encumbrance in <br />respect to all or any part of the property; <br />(d) Trustor shall file a voluntary petition in bankruptcy or <br />shall be adjudicated bankrupt or insolvent, or shall make an <br />assignment for the benefit of creditors in respect to the property; <br />or an action to enforce any lien or encumbrance or judgments against <br />the property is commenced. <br />11. Acceleration Upon Default. In the event of any default, <br />Beneficiary may declare all indebtedness secured hereby to be due and <br />payable, and the same shall thereupon become due and payable without any <br />presentment, demand, protest or notice of any kind. Thereafter, <br />Beneficiary may: <br />(a) either in person or by agent, with or without <br />bringing any action or proceeding, or by receiver appointed by <br />a court and without regard to the adequacy of any security, <br />enter upon and take possession of the property, or any part <br />thereof, in her own name or in the name of the Trustee, and do <br />any acts which she deems necessary and desirable to preserve <br />the value, marketability or rentability of the property, or <br />part thereof or interest therein, increase the income here <br />from or protect the security hereof and, without taking <br />possession of the property, sue for or otherwise collect the <br />rents, issues and profits thereof, including those past due <br />and unpaid, and apply the same, less costs and expenses of <br />operation and collection, including attorney fees, upon any <br />indebtedness secured hereby, all in such order as Beneficiary <br />may determine. The entering upon and taking possession of the <br />trust estate, the collection of such rents, issues and profits <br />and application thereof as aforesaid shall not cure or waive <br />any default or notice of default hereunder or invalidate any <br />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 <br />entitled to exercise every right provided for in any of the <br />loan instruments or by law upon occurrence of any event of <br />default, including the right to exercise the power of sale; <br />(b) commence an action to foreclose this Deed of Trust <br />as a mortgage, appoint a receiver, or specifically enforce any <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 <br />election to cause Trustors' interest in the property to be <br />sold, which notice Trustee shall cause to be duly filed for <br />record in the official records of the county in which the <br />property is located. <br />12. Foreclosure by Power of Sale. Should Beneficiary elect <br />foreclosure by exercise of the power of sale herein contained, <br />Beneficiary shall notify Trustee and shall deposit with Trustee this Deed <br />of Trust and the note and such receipts and evidence of expenditures made <br />and secured hereby as Trustee may require, and upon request of the <br />Beneficiary, the Trustee shall file for record, in the Register of Deeds <br />3 <br />