tQ 1&5
<br />(b) There has occurred a breech of or default under any
<br />term, covenant, agreement, condition, provision, representation
<br />or warranty contained in this Deed! of Trust, the note or any
<br />other loan instrument secured herebyV..
<br />(c) There has been a default by- the Truster in the payment "
<br />of . any prior or subsequent Un, ; .: r. ;encumbrance in respect to
<br />all or any .:u..: t of the :•�r*;'pert.y
<br />,
<br />1 file a vo' c' ±, ry p2ti.Ur n :i ." bankruptcy
<br />ary assignment for the'--t it!brs in re-
<br />• tion to enforce any lien or encum-
<br />specs to the property, or an ac
<br />brance or judgments against the property its 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 become due and payable without any presentment, demand,protest or notice
<br />of any kind. Thereafter, Beneficiary may:
<br />(a) either in person or by agentr with or without bringing
<br />any action or proceeding, or by receiver appointed by a court
<br />and without regard to the adequacy of any security, enter upon
<br />and take possession of the property ",, or any part thereof, in
<br />its own name or in the name of the Trustee, and do anyt acts which
<br />it deems necessary and desirable to preserve the value, market-
<br />ability or rentability of the property,: ov part thereof or inter-
<br />est therein, increase the income therefrom or protect the security
<br />hereof and, without taking possession,.of property, sue for
<br />or otherwise collect the rents, issues and. profits thereof, in-
<br />c1�i"dir 9 those past due and unpaid, ark. apply the same, less costs
<br />ar,_ expenses of operation and collection, including attorney
<br />feast, upon any indebtedness secures hereby, all in' such order
<br />as reneficiary may determine. The, entering upon and taking pos-
<br />ssssion of the trust estate, the collection of such rents, issues
<br />and profits and application thereat as 6frresaid shall not cure
<br />r- r. naive any default or notice of .d:afaul:t hereunder or invalidate
<br />a-"„` act and in response to such defa�?t or pursuant to such notice
<br />c.f .default and, notwithstanding t'-!a continuance in possession
<br />cri the p,cperty or the collection, receipt and application of
<br />re!- -mss, iss:ss or profits, Trustee or Beneficiary may be entitled
<br />'exercise every right provided fo° in' any of the loan instru-
<br />~;snis or by law upcn accurence of any event of default, including
<br />tie right to 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 any
<br />ar the covenants hereof;
<br />(c) ai71iver to Trustee a wr tten, declaration of default
<br />and demand for sale, and a written. � -otice of default and election
<br />+.a cause Trustor's interest it property to be sold, which
<br />notice Trustee shall cause to duly filed for record in the
<br />official records of the count in which the property is located.
<br />12. Foreclosure by Power of Sale. Should Beneficiary 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 fur record, in the County
<br />where the property i -s .lor_ated, a notice of defaults, setting forth the name of the
<br />Trustor, the Book and Page or Document No. of this Deed of Trust as recorded in 'the
<br />County, the legal description of the above - described real estate and that a breach
<br />of an obligation, for which said real astate was conveyed as security, has O=cc.rrr ed,
<br />an'!* tting forth the nature of su_',. ,Leach and the Trusteals electic i to sell the
<br />reel tz"�l rrC td satisfy the obligati:;' a.!-,all mail copier of such notice In the
<br />applicable le; t7 T_ yst:;;r ar.d 1.o such other persons prescribed
<br />1.
<br />�Av ,'�plicable .,After Lbe 1ap_�-f Lf su tine as may be required by applicable.
<br />lawlt the Trustee shall give written notice of the time and place of sale to she per-
<br />sons and in the manner prescribed by applicable law, describing the property to be
<br />sold by its legal description, said notice also to br- published in a naL.BpRper of
<br />general cir ^ulation in thr� County wherein Euch p rake^ty is located, at thv tires
<br />an 3 in the fa�,hi.on renuir ^d by appiica*rjlc. lac.,; ar , :, tt`e TrUStef' x,11311 th ?7) �,V L '-ai()
<br />'A the 1 iwe ;jnd pla! i' urriignatect )f' {tIE? fl;aj.lr'f3, Lll tf � f, :�3'1.', ''r r)r-:_pei01,J t
<br />In- it f f _ _t of _ }fr F! _ tar n �—, a
<br />M
<br />.. L
<br />i.
<br />fen
<br />K 11
<br />
|