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• i <br />89! 1000818 <br />(b) There has occurred a breach of or default under any <br />term, covenant, agreement, conditions provisions representation <br />or warra�ltV contained in this Deor f ust, the note or any <br />other loan instrument secured hereby; <br />(c) There has been a default by the Trustor in the payment <br />of any prior or subsequent line or encumbrance in respect to <br />all or any part of the property; <br />(c) Trustor shall file a voluntary petition in bankruptcy <br />or shall make an assignment for the benefit of creditors in re- <br />spect to the property; or an action to enforce any lien or encum- <br />brance or judgments against the property is commenced. <br />11. acceleration Upon Default. In the event of any default:. Beneficiary may <br />declare all indebtedness secured hereby to be due and payable, and the same shall <br />thereupon became due and payable without any presentment, demand,protest or notice <br />;'.any lord. Thereafter, Beneficiary may: <br />` <br />(a either _n pers '4fi bi= :agent, with or :`c i thout bringing . <br />�* ac?�i rpn ormceedin o, ceiver appoint <br />by a; ..:court <br />..y <br />acid wi'�`ut FeDai ". to . t -P adeq&acj of any security ,e;ter upon <br />and taKe :pass 13a. pf` :rye property, o <_: any pat . tt�eredf, in <br />its own name or JI t �s name of the Trustee: and do .ate- act�.:wi�ich <br />. it deems._ necessary and desirable. to preserve the ';glue,. E �rket- <br />abilitk+ o: rentability cf the pro�er'y, or part thdieof.or.. nter- <br />est tha�ein, increase t f ilncome tl:syefrom ar protect the s- ' rity <br />hereof and, without t3!�: =n. possessiv 6f the property, s `aP <br />o otherwise ccy'sect trig rents,. i.ss`uas and profits thereof, in- <br />cluding those pa-t due a�. Yd unpaic, and apply the same, less costs <br />and expenses of opera L{un and collection, 11 udin such attorney <br />er <br />fees, upon any indebtedness secured hereby, <br />as Beneficiary may determine. The, entering upon and taking pos- <br />session of the trust estate, the collection of such rents, issues <br />and profits and application thereof as aforesaid shall not cure <br />or waive any default or notice of default hereunder or invalidate <br />any 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 entitled <br />to exercise every right provided for in any of the loan instru- <br />ments or,by law upon occurence of any ever:: of default, in.cluding <br />she right to exercise the power of sale; <br />(b) com„rence an action to foreclose this Deed of Trust <br />as- a mc::tgage, appoint a receiver, or specifically enf6r.ce any <br />of the covenants her = vi—, <br />Trustee a written declaration of .'default <br />and c+smoWd for s31e,' T,d: a written notice of default and election <br />to caf a Trustee's ir;ti_ rest in the property to be sold',, which <br />notice Trustee stall cause to be duly filed for record in the <br />official records of the county in which the prop�,rty,is located. <br />12. Foreclosure by Power of Sale. Should B ,3neficiary elect to foreclose by <br />exercise of the power of sale herein contained, Beneficiary shall notify Trustee <br />and shall deposit with Trustee this Deed of Trust and the note and such receipts <br />and evidence of expenditures made and secured hereby as Trustee may require, and <br />upon request of the Beneficiary, the Trustee shall file for record, in she County <br />,where the property is located, 'a notice of default, setting forth the name of the <br />` frustor, the Book and Page or Dheument No. of this Deed of Trust,as.recorded in the <br />County,., the legal description of the above - described real na'tjjtp;,tjhd that a breach <br />of a obligation, for which said, real estate was conveyers as aeCUx.-T Y,t has occurred, <br />art <br />and setting forth the nature pr ..such breach and the Trustee's election to sell the <br />real ,6s taia .to'.satisfy the' obligation and shall mail copies of much notice in this <br />ni66her prescribe f� by applicable .law io Trubtur and to such other Yer =_ens prescribed <br />by applicable law: After the lapse of such time as may be required by applicaale <br />law, the Trustee shall give toritten notice of the time and place of gale to the per - <br />sons and in the manner prescribed by applicable law, describing the property to be <br />sold by its legal description, said rnti:,-e also to be published in a newspaper of <br />ryeneral r_i-,cula�_iu`1 Jr, the County tJh�rcl'n iU fi ,Iznp2rty is located, at the tlrre <br />and lti t t'nt? f 7.`:hlan rE.quir�_,d by applic -_-b 1'2 . •�'A if `� t. 1w TE uStE'C' r`1 ll i ` E: l <br />ty at the time a" -1 place de5ki'f_3feJ .JL f"Cf •i`: <br />I]I <br />larl lr c•ffn. -t .jt t "fir, filing) <br />.4 <br />