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1 <br />f <br />r <br />89.10 013 3 <br />court and without regard to the adequacy of its security, enter <br />upon and take possession of the Trust Estate, or <br />any part thereof, <br />in its own name or in the name of Trustee, and do any acts which <br />it deems <br />necessary or desirable to preserve the value, <br />marketability or rentability of the Trust Estate, or part thereof <br />or interest therein, increase the income therefrom or protect the <br />security hereof and, with or without taking <br />possession of the <br />Trust Estate, sue for or otherwise collect the rents, issues and <br />profits thereof, including those.'past <br />due and unpaid, and apply <br />the same, less costs, and expmnSes of operation and collection, <br />including attorneys fees, upoA;MAy indebtedness secured hereby, <br />all in such order as Beneficiary may determine.. The <br />entering upon <br />and taking possession of the Trust Estate, the collection of such <br />rents, issues and <br />profits ftiid'the application thereof as <br />aforesaid, shall not curer or waive any default or notice of <br />default hereunder.or <br />invalidate zany act done in response to such <br />default or pursuant to such notice of default and, notwithstanding <br />the <br />continuance in poSSe,ssion of the Trust Estate or the <br />collection, receipt and application of rents, issues <br />or profits, <br />Trustee or Beneficiary shall be entitled to exercise every right <br />provided for in any of the <br />Loan Instruments or by law upon <br />occurrence of any event of default, including the right to <br />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 <br />the covenants hereof; any of <br />(c) Deliver to Trustee a written declaration of default <br />and demand for sale, and a written notice of default " <br />=_ <br />and election <br />to cause Trustor's interest in the Trust Estate to be sold, which <br />notice Trustee shall <br />cause to be duly filed for record in the <br />appropriate Official Records of the County in which the Trust <br />Estate is located; and <br />(d) Apply to any court of competent jurisdiction to <br />appoint one or more receivers of the Trost Estate. <br />12. FORECLOSURE BY POWER OF SALE. Should Beneficiary <br />elect to forec ose by exercise <br />` <br />o e Power of Sale herein <br />contained, Beneficiary shall notify Trustee and shall deposit with <br />Trustee this Deed <br />of Trust, and such receipts and evidence of <br />expenditures made secured hereby as Trustee <br />may require. <br />Upon receipt of such notice from Beneficiary, Trustee shall <br />cause to be recorded, published and delivered to <br />Trustor such <br />notice of Default and Notice of Sale as then required by law and <br />by this Deed <br />of Trust. Trustee shall, without - demand on Trustor, <br />after such time as.may then be required by law and after <br />notice <br />having been given as required by law, sell the Trust Estate at the <br />time and place of sale.flxed by it in <br />such Notice of S&19, either <br />L <br />