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200107504
<br />(,11 .1 w„1 sit I. , I.1:u11o1, .,, .111.0 11n,1.1it oI .1n u1u1.11 n,1, 1' . . �h.111 IW .• ,
<br />1>vl:ume .t 11cn on II- l Iust L%laty o1 Jny poluon ►he It! ol u1 u1( t•11'%1 11 It! J d %,,, I, v tI. . ,I.,IfI .111.1,
<br />ploccss of lrrtfUlI""It 1s nut relt[.1scr1. bonded, satisfied. vacaled of stayed wlllull .Ixly 1W) ,1 IV...1111:1 ,t•.
<br />(el there has occuued a breach of or default under ally term, covenanl. at111:,:41lenl. cuntllho,,.
<br />representation or warranty comalned ut any pilot deed of trust or mortgage allechn!1 the Tnrst L:,tata:
<br />10 AcculurJ(ion upon DolJUI(; Additional Romadios. 11 an event of default occurs. Born:11cialy play di:cl.r,,. ;
<br />i1d: oAl-Aness secured hereby to be due and payable and the same shall thereupon become dw.- and payable wllho:, a.•
<br />Pre,en;-nent, demand, protest or notice of any kind. Thewalter, Beneficiary may:
<br />(1) either in person or by agent, with or without bringing any action or proceeding, or by a receiver apt,;,..,,, .
<br />by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, r;r a.•
<br />part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to
<br />the value, marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the income
<br />or protect the security hereof and, with or without taking possession of the Trust Estate, sue lot or otherwise col;,. .. -•.
<br />rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expen;::s
<br />operation and collection including attorneys' fees, upon any indebtedness secured hereby, all 1n such order as
<br />may determine. The entering upon and taking possession of the Trust Estate, the collection of such rents, issues a-
<br />profits and the application thereof as aforesaid Shall not cure or waive any default or notice of default hereunder ;
<br />invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding tre
<br />continuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee
<br />or Beneficiary shall been entitled to exercise every right provided for in any of the Loan Instruments or by law up,'rn
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(ii) commence an" action to foreclose this Deed of Trust as a mortgage, appoint a receiver or speci!ica ;
<br />enforce any of the covenants hereof;
<br />(iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of default ano
<br />election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed tot
<br />record in the appropriate offices of the County in which the Trust Estate is located; or
<br />fivI exercise such other rights or remedies at law or in equity.
<br />11. Foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained,
<br />Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtedness
<br />and such receipts and evidence of expenditures made and secured hereby as Trustee may require.
<br />la) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and de!iverec
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trust. Trustee
<br />shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice o'
<br />Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of salE
<br />fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem exped,ent.
<br />and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States
<br />payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed o•
<br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deec
<br />of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitatior
<br />Trustor, Trustee or Beneficiary, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust
<br />including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (I: the
<br />Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally en; ilec
<br />thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Esta:e.
<br />12. Remedies No( Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce paymen: at, .
<br />perlormance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed c
<br />Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or all of it'
<br />such indebtedness and obligations secured hereby may now or hereal ter be otherwise secured, whether by mortgage, deed of truss
<br />pledge, lien, assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether by eou'
<br />action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's t
<br />Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed the
<br />Trustee and Beneficiary, arid cacti of them, shall be entitled to enforce this Second Deed of Trust and any other secu',ly 1`3"' '
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