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20180'7456 <br />assigns. The tern "Beneficiary" shall mean the owner and holder of the Note, whether or not named <br />as Beneficiary herein. <br />8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to enter <br />at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same <br />and for the purpose of performing any of the acts it is authorized to perform under the terms of any of <br />the Loan Instruments. <br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default <br />hereunder. <br />(a) Trustor shall have failed to make payment of any installment of interest, principal, or <br />principal and interest or any other sum secured hereby when due, or <br />(b) There has occurred a breach of or default under any term, covenant, agreement, <br />condition, provision, representation or warranty contained in any of the Loan Instruments. <br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of <br />default occur Beneficiary may declare all indebtedness secured hereby to be due and payable and the <br />same shall thereupon become due and payable without any presentment, demand, protest or notice of <br />any kind. Thereafter Beneficiary may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a <br />receiver appointed by a court and without regard to the adequacy of its security, enter upon <br />and take possession of the Trust Estate, or any part thereof, in its own name or in the name <br />of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Trust Estate, or part thereof or interest therein, increase <br />the income therefrom or protect the security hereof and, with or without taking possession <br />of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, <br />including those past due and unpaid, and apply the same, less costs and expenses of <br />operation and collection including attorneys' fees, upon any indebtedness secured hereby, <br />all in such order as Beneficiary may determine. The entering upon and taking possession of <br />the Trust Estate, the collection of such rents, issues and profits and the application thereof <br />as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate <br />any act done in response to such default or pursuant to such notice of default and, <br />notwithstanding the continuance in possession of the Trust Estate or the collection, receipt <br />and application of rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise <br />every right provided for in any of the Loan Instruments or by law upon occurrence of any <br />event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, <br />or specifically enforce any of the covenants hereof; <br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written <br />notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which <br />notice Trustee shall cause to be duly filed for record in the appropriate Official Records of <br />the County in which the Trust Estate is located. <br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise <br />of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee <br />this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured <br />hereby as Trustee may require. <br />