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s �L L 89- 100858 inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of any of the Loan Instruments. 10. Bvents of Default. Any of the following events shall be deemed event of default hereunder: (a). Trustor shall have failed to make payment of any sum secured.:heresy when due within ten (10) days of Trustor's receipt Of a wiitten notice of such non - payment from Beneficiary or Trustee; or - (b) �Trustor shall have :failed to perofrm any coverLint on it., n part ..o be Performed herermdar,. or (c) An Event of Default• (•r "�; and as defined in the Loan Agreemiat) shall have occurred' 11.. AcceLeratioaa Upon Default, Additional Remedies. At any time after the Heuer- ficiary declares any portion of the Obligations ic be d . &nd payable following the occurrence F of an Event of Default.,- the . Senefieia.ry may: (a1 Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the'Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the trust Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof and, with or wi tl�ou.t taking possession of the Trust Estate, sue for or ctha%rwise collect the rents,.' issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, Including attorney's fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking Possess-Ion of the Trust Estate, ' the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in s" response to such default or pursuant to such notice of default and, notwith- 6tanding the ccntihuance in possession of diLe Trust Estate or the collection, receipt and application of. Yenta, issues or profits, Trustee or Beneficiacyr shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any event of default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; -5- n '