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' 1 <br />r <br />- 89- 100857 <br />inspecting the same and for the purpose of performing any of the <br />acts it is authorized to perform under the terms of any of the <br />Loan Instruments. <br />10. Events of Default. Any of the following events shall <br />be deemed an event of default hereunder: <br />(a) Trustor shall have failed to make payment of any sum <br />secured hereby when due within ten (10) days of Trustor's receipt <br />of a wrft -ten notice of such non - payment from Beneficiary or <br />Trustee, . i Or <br />shall have failed to perofrm any covenant on <br />its part'': ice performed hereunder; or <br />Event of Default (under and as defined in the Lo:�ra <br />Agreement) have. ©ccurred. <br />11. Acceleration Upog Uefault, Additional Remediei At any <br />-' <br />time after the Beneficiary declares any p ©rtion of the <br />;:•. <br />Obligations : "tQ, be due -and payaba4.'following the occurrence of f" an <br />` <br />Event of Defaul:t,. f.L2 Beneftciary may: <br />(a) EtLT:�r `iri 'person %r by agent, with or without .bringing <br />any. ttctiv aT proc%_eding, tin by a receiver appasted, by a court <br />; <br />and ' asi% iv,at regard ; to the '. adequacy of its security, enter upon <br />' tl�=_reof, in <br />�• ' <br />and take prise Sion of the. Trust Estate, or any part <br />do any ants Which it <br />its own name or in the name.-of Trustee, and <br />deems necessary or desirable to preserve the value, marketability <br />or rentability of the Trust Estate, or part thereof or interest <br />therein, increase the income therefrom or protect the security <br />hereof and, with or without taking possession of the Trust <br />Estate, sue for or otherwise collect the rents, issues and <br />profits thereof, including.' those past due and unpaid, and apply <br />u <br />the same, less costs and e-rpen aes of operation,. srd collection, <br />indebtedness secured hereby, <br />.i <br />including attorney's feea, upda any <br />all in such order as Bene- ficiary may determine. The entering <br />upon and taking possession , of the Trust Estate, the collection of <br />such. rents, issues and profits and the application thereof, as <br />aforesaid, shall not cure or cva.i.ve any default or notice , of <br />default hereunder or invalidate any act,done in response to such <br />dp£ault or pursuant to such notice of default and, notwith- <br />standing thie continuance in possession of the Trust Estate or the <br />collection, receipt and application of rents, issues or profits, <br />Trustee or Beneficiary shall be entitled to exercise every right <br />provided for in any of the Loan Instruments or by law upon <br />occurrence of any event of default, including the right to <br />„ <br />exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a <br />mortgage, appoint a receiver, or specifically enforce any of the <br />covenants hereof; <br />-5- <br />L �Y <br />