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<br />and payable without any
<br />Trust Estate, Beneficiary may at its option declare the Indebtedness secured hereby immediately due presentment, demand, protest or notice of any kind, whether or not any default exists. Beneficiary shall consent to a transfer of
<br />the Trust Estate to a third party to the extent such third party meets the requirements contained in, and assumes the obligations set
<br />forth in the First Deed of Trust. The covenants contained herein shall run with the Property and shall remain in full force and
<br />effect until the Indebtedness is paid in full.
<br />9. Events of Default. Any ny the following events shall be deemed an event of default hereunder:
<br />(a) default shall be rnade in thc payrnent of the Indcbtedness or any other sum secured hereby when
<br />due; or
<br />(b) Trustor shali perform any act in bankruptcy; or
<br />(c) a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed
<br />against Trustor socking any reorganization, dissolution or similar relief under any present or future federal, state or
<br />other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment
<br />or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consec.utive) from
<br />the first date of entry thereof; or any trustee, receiver or liquidator or Trustor or of all or any part of the Trust Estate, or
<br />of any or all of the royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or
<br />acquiescence of Trustor and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days
<br />(whether or not consecutive); or
<br />(d) u writ o[ execution m, attachment of any similar process shalt be entered against Trustor which shall
<br />become a tien on the Trust Estate or any portion thereof ", interest therein and such execution, attachment or sinm|u,
<br />process o judgment ianot released, bonded, oatixfixu,vacated o, stayed within sixty (*m days after its entry ", levy; or
<br />(e) there has occurred a breach of or default under teox, covenant, agreement, condition,
<br />provision, representation or warranty contained in the First Deed of Trust or any prior deed of trust or mortgage
<br />affecting the Trust Estate.
<br />/V. Acceleration upon Default; Additional Remedies. x'^n event of default 'occurs, Beneficiary declare the
<br />Indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any
<br />presentment, demand, protest or notice ofany kind. Thereafter, Beneficiary may:
<br />(a) either in person or by agent, with or without bringing any action or proceeding, or by u receiver
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust
<br />Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or
<br />desirable to preserve the ,u|ur, marketability or renahility of the Trust ssmtc, or part thereof or interest therein,
<br />inerease the income therefrom or protect the security hercot' and, with or without taking possession of the Trusl Estate,
<br />suc for or otherwisc collect the rents, issues and profits thereof, including those past due and unpaid, and apply thc
<br />same. less costs and expenses ^[operation and collection including attorneys' h=,, upon any indebtedness secured
<br />hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the Trust Estate,
<br />the collection of such rents, issues and profits and the application thereof as aforesaid shall not cure or waive any
<br />default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice
<br />of default and notwithstanding the continuance in possession of the Trust �^�uEstate ^rthe collection, ��� and
<br />application of rents, issues or profits, Trustee or Bcncficiary shall been entitled ,^ exercise e, right provided for in
<br />any of the Loan Instruments or by law upon occurrence of any event of default, including the right to exercise the
<br />power af sale;
<br />(b) commence an action 10 foreclose this Deed of Trust as a mortgage, appoint a receiver or
<br />specifically enforce any of the covenants hereof;
<br />(c) deliver to Trustee a written declaration of default and demand for sale and a written notice of
<br />default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly
<br />filed for record in the appropriate offices of the County in which thc Trust Estate is located; or
<br />(d) exercise such other rights or remedies at Iaw or in equity.
<br />|/ Foreclosure ' of Sale. If Beneficiary elects to foreelose by exercise of the Power of Sale herein
<br />contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the
<br />lndebtedness and such receipts and evidence of expenditures made and seeured hereby as Trustee may require.
<br />4826-5279-3871.2
<br />NIFA HBA Loan/Form H
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