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202108720
<br />9. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of
<br />default occur Beneficiaries shall give written notice to Trustor specifying the default, the action
<br />required to cure the default, a date not less than sixty (60) days from the date of the notice by
<br />which the default must be cured, and that failure to cure the default on or before the specified date
<br />may result in acceleration of the entire sum secured by this Deed of Trust and resale of the
<br />property. Thereafter the Beneficiaries 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
<br />take possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee,
<br />and do any acts which it deems necessary or desirable to preserve the value, marketability or
<br />rentability of the Trust Estate, or part thereof or interest therein, increase the income therefrom or
<br />protect the security hereof, and with or without taking possession of the Trust Estate, sue for or
<br />otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and
<br />apply the same, Tess costs and expenses of operation and collection, including attomey's fees,
<br />upon any indebtedness secured hereby, all in such order as Beneficiaries may determine. The
<br />entering upon and taking possession of the Trust Estate, the collection of such rents, issues and
<br />profits and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br />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 Estate or the collection,
<br />receipt and application of rents, issues or profits, Trustee or Beneficiaries shall be entitled to
<br />exercise 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 notice
<br />Trustee shall cause to be duly filed for record in the appropriate Official Records of the County in
<br />which the Trust Estate is located.
<br />(d) In the event of default in payment of principal or interest after the 60 day grace period
<br />from due date has elapsed, Beneficiaries may, without further notice proceed with acceleration,
<br />foreclosure, power of sale, and any additional remedies available to Beneficiaries as stated in
<br />Paragraphs 9, 10 and 11 of this Deed of Trust.
<br />10. FORECLOSURE BY POWER OF SALE. Should Beneficiaries elect to foreclose by
<br />exercise of the Power of Sale herein contained, Beneficiaries shall notify Trustee and shall deposit
<br />with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures
<br />made and secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiaries, Trustee shall cause to be recorded,
<br />published and delivered to such Notice of Default and Notice of Sale as then required by law and
<br />by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be
<br />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,
<br />in lawful money of the United States, payable at the time of sale. Trustee shall deliver to such
<br />purchaser or purchasers thereof, its good and sufficient deed or deeds, conveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any
<br />matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including,
<br />without limitation, Trustee, and Beneficiaries, may purchase at such sale, and hereby covenants to
<br />warrant and defend the title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and of
<br />this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the
<br />proceeds of sale to payment of (i) all sums expended under the terms hereof, not then repaid, with
<br />accrued interest at twelve (12%) percent per annum, (ii) all other sums then secured hereby, and
<br />(iii) the remainder, if any, to the person or persons legally entitled thereto.
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