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202102386
<br />LOAN #: 001879056
<br />or acquiescence of Trustor and such appointment shall remain unvacated and unstayed for an
<br />aggregate of sixty (60) days (whether or not consecutive); or
<br />(d) a writ of execution or attachment of any similar process shall be entered against Trustor
<br />which shall become a lien on the Trust Estate or any portion thereof or interest therein and such
<br />execution, attachment or similar process of judgment is not released, bonded, satisfied, vacated or
<br />stayed within sixty (60) days after its entry or levy; or
<br />(e) there has occurred a breach of or default under any term, covenant, agreement, condition,
<br />provision, representation or warranty contained in the First Deed of Trust or any prior deed of trust
<br />or mortgage affecting the Trust Estate.
<br />10. Acceleration upon Default; Additional Remedies. If an event of default occurs, Beneficiary
<br />may declare the Indebtedness secured hereby to be due and payable and the same shall thereupon
<br />become due 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 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 and take
<br />possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and
<br />do any acts which it deems necessary or desirable to preserve the value, marketability or rentability
<br />of the Trust Estate, or part thereof or interest therein, increase the income therefrom or protect the
<br />security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect
<br />the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection including attorneys' fees, upon any indebtedness
<br />secured hereby, all in such order as Beneficiary may determine. The entering upon and taking
<br />possession of the Trust Estate, the collection of such rents, issues and profits and the application
<br />thereof 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, notwithstanding
<br />the continuance in possession of the Trust Estate or the collection, receipt and application of rents,
<br />issues or profits, Trustee or Beneficiary shall been entitled to exercise every right provided for in
<br />any of the Loan Instruments or by law upon occurrence of any event of default, including the right
<br />to exercise the power of sale;
<br />(b) commence an action to 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
<br />of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee
<br />shall cause to be duly filed for record in the appropriate offices of the County in which the Trust
<br />Estate is located; or
<br />(d) 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
<br />Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed
<br />of Trust and any note evidencing the Indebtedness and such receipts and evidence of expenditures
<br />made and secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published
<br />and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by
<br />this Second Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then
<br />be required by law and after recordation of such Notice of Default and after Notice of Sale having
<br />been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such
<br />Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem
<br />expedient, and in such order as it may determine, at public auction to the highest bidder for cash in
<br />lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser
<br />or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but
<br />without any covenant or warranty, express or implied. The recitals in such deed of any matters or
<br />facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation
<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
<br />of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the
<br />NIFA HBA Loan/Form H
<br />(10/2015) 4826-5279-3871.2
<br />Ellie Mae, Inc.
<br />Page 4 of 6
<br />I1052NEDE 0915
<br />I1052NEDE (CLS)
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