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1 <br />I I <br />1. <br />i <br />89-- 100859 <br />court and without regard to the adequacy of its security, enter <br />upon and take possession of the Trust Estate, or any part thereof, <br />in its own name or in the name of Trustee, and do any acts which <br />it deems necessary or desirable to preserve the value, <br />.'Marketability or rentability of the Trust Estate, or part thereof <br />' a interest therein, increase the income therefrom or protect the <br />: ec�xrsty hereof and, with or without taking possession.of the <br />Trust Estate, sue fir or otherwise .collect the. rents, issues any <br />profits there � including those past due acid .unpaid, 4,k apply: ' <br />the same, lees. of s and expenses of oneiat o and t,,VLIr-ctio <br />including attcx aye fees, upon any. indebtedness .s-.; }lereb >z:. <br />all in such older •asz Beneficiary zmay dete. , Ja :he : __iering L;pcn <br />and taking possession Of the a, collectn of suhr <br />rents, issues and profits and the = hereof as <br />aforesaid, shall not cure or waive any defaulE,I.or` notice of <br />default hereunder or invalidate e�dy­. act done in _response to si'�-, <br />default or pursuant, for such notice of default `aid, notwithstaii ing <br />the continuance in p�esessian of tine Trui E:t ate or th6... <br />coiiection, receipt.. roc 4pblication of rehts, issues or,.;profits, <br />xrustee or HeneficI6 &Z. sheLl be entitled #o exercise every right <br />prow dea for in any of the Loan lnst 4 y ' <br />occurrence, of. any event of default, including the right to <br />exercise the power of sale; <br />(b) Commence an action to forecles'e this Deed of Trust <br />as a mortgage, appoint a receiver, or specifically enforce any of <br />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 election <br />to cause Trustor's interest in the Trust Estate to be sold, which <br />notice Trustee shall 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 Trust Estate. <br />12. FORECLOSURE BY POWER OF SALE. Should Beneficiary <br />elect to foreclose by exercise of the Power of Sale herelm .. <br />contained, Beneficiary shall notify Trustee and shall deposit with <br />Trustee this Deed of Trust, and such receipts and evidence of <br />expenditures made secured hereby as Trustee may require. <br />Upon receipt of such notice from Beneficiary, Trustee shall <br />cause to be recorded, published and delivered to Trustorc such <br />Notice of Default and Notice of Sale as then required by law and <br />by this Deed of Trust. Trustee shall, without demand on Trustor, <br />after such time as may then be required by law and after notice <br />having been given as required by law, sell the Trust Estate at the <br />time and place of sale fixed by it in such Notice of Sale, either <br />_6_ <br />E <br />1 <br />h <br />o <br />