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20_1705239 <br /> 10. Transfer of Property. If all or any part of the property or any interest of Trustor <br /> therein is sold, transferred or further encumbered without the express or written consent of <br /> Beneficiary, Beneficiary may, at its sole option, declare all sums secured by this Deed of Trust to <br /> be immediately due and payable and proceed to the remedies available to it under the default <br /> provisions contained herein. <br /> 11. Events of Default. Any of the following events shall be deemed an event of <br /> default hereunder: <br /> (a) Trustor shall have failed to make payment or any <br /> installment of interest,principal or principal and interest or any <br /> other sums secured hereby when due; <br /> (b) There has occurred a breach of or default under any <br /> term, covenant, agreement, condition,provision, representation or <br /> warranty contained in this Deed of Trust,the note or any other loan <br /> instrument secured hereby; <br /> (c) There has been a default by the Trustor in the <br /> payment of any prior or subsequent lien or encumbrance in respect <br /> to all or any part of the property; <br /> (d) Trustor shall file a voluntary petition in bankruptcy <br /> or shall be adjudicated bankrupt or insolvent, or shall make an as- <br /> signment for the benefit of creditors in respect to the property; or <br /> an action to enforce any lien or encumbrance or judgments against <br /> the property is commenced. <br /> 12. Acceleration Upon Default. In the event of any default,Beneficiary may declare <br /> all indebtedness secured hereby to be due and payable, and the same shall thereupon become due <br /> and payable without any presentment, demand, protest or notice of any kind. Thereafter, <br /> Beneficiary may: <br /> (a) either in person or by agent,with or without <br /> bringing any action or proceeding, or by receiver appointed by a <br /> court and without regard to the adequacy of any security, enter <br /> upon and take possession of the property,or any part thereof, in its <br /> own name or in the name of the Trustee, and do any acts which it <br /> deems necessary and desirable to preserve the value,marketability <br /> or rentability of the property, or part thereof or interest therein, <br /> increase the income therefrom or protect the security hereof, and, <br /> without taking possession of the property, sue for or otherwise <br /> collect the rents, issues and profits thereof, including those past <br /> due and unpaid, and apply the same, less costs and expenses of <br /> operation and collection, including attorney fees, upon any in- <br /> debtedness secured hereby, all in such order as Beneficiary may <br /> determine. The entering upon and taking possession of the trust es- <br /> tate,the collection of such rents, issues and profits and application <br /> thereof as aforesaid shall not cure or waive any default or notice of <br /> default hereunder or invalidate any act and in response to such <br /> default or pursuant to such notice of default and, notwithstanding <br /> the continuance in possession of the property or the collection, <br /> receipt and application of rents, issues or profits, Trustee or <br /> Beneficiary may be entitled to exercise every right provided for in <br /> any of the loan instruments or by law upon occurrence of any event <br /> of default, including the right to exercise the power of sale; <br /> (b) commence on action to foreclose this Deed of Trust <br /> as a mortgage, appoint a receiver, or specifically enforce any of the <br /> covenants hereof; <br /> 3 <br />