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202110610
<br />bankrupt or insolvent, or shall make an assignment for the benefit of creditors in respect to
<br />the property; or an action to enforce any lien or encumbrance or judgments against the
<br />property is commenced.
<br />11. Acceleration Upon Default. In the event of any default, Beneficiary may declare all
<br />indebtedness secured hereby to be due and payable, and the same shall thereupon become due and
<br />payable without any presentment, demand, protest or notice of any kind. Thereafter, Beneficiary
<br />may:
<br />(a) either in person or by agent, with or without bringing any action or
<br />proceeding, or by receiver appointed by a court and without regard to the adequacy
<br />of any security, enter upon and take possession of the property, or any part thereof,
<br />in its own name or in the name of the Trustee, and do any acts which it deems
<br />necessary and desirable to preserve the value, marketability or rentability of the
<br />property, or part thereof or interest therein, increase the income therefrom or protect
<br />the security hereof and, without taking possession of the property, sue for or
<br />otherwise collect the rents, issues and profits thereof, including those past due and
<br />unpaid, and apply the same, less costs and expenses of operation and collection,
<br />including attorney fees, upon any indebtedness secured hereby, all in such order as
<br />Beneficiary may determine. The entering upon and taking possession of the trust
<br />estate, the collection of such rents, issues and profits and application thereof as
<br />aforesaid shall not cure or waive any default or notice of default hereunder or
<br />invalidate any act and in response to such default or pursuant to such notice of
<br />default and, notwithstanding the continuance in possession of the property or the
<br />collection, receipt and application of rents, issues or profits, Trustee or Beneficiary
<br />may be entitled to exercise every right provided for in any of the loan instruments
<br />or by law upon occurrence of any event of default, including the right to exercise
<br />the power of sale;
<br />(b) commence an action to foreclose this Deed of Trust as a mortgage,
<br />appoint a receiver, or specifically enforce any of the covenants hereof;
<br />(c) deliver to Trustee a written declaration of default and demand for sale,
<br />and a written notice of default and election to cause Trustor' interest in the property
<br />to be sold, which notice Trustee shall cause to be duly filed for record in the official
<br />records of the county in which the property is located.
<br />12. Foreclosure by Power of Sale. Should Beneficiary elect to foreclosure by exercise
<br />of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with
<br />Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and
<br />secured hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall file
<br />for record, in the Register of Deeds Office in the County where the property is located, a Notice
<br />of Default, setting forth the name of the Trustor, the Book and Page or Document No. of this Deed
<br />of Trust as recorded in said Register of Deeds office, the legal description of the above-described
<br />real estate and that a breach of an obligation, for which said real estate was conveyed as security,
<br />has occurred, and setting forth the nature of such breach and the Trustee's election to sell the real
<br />estate to satisfy the obligation; and after the lapse of not less than one (1) month, the Trustee shall
<br />give written notice of the time and place of sale which may be between 9:00 a.m. and 5:00 p.m. at
<br />the premises, or at the Courthouse in the County wherein such property is located, describing the
<br />property to be sold by its legal description, said notice to be published in a newspaper of general
<br />circulation in the County wherein such property is located, once a week for five (5) consecutive
<br />weeks, the last publication to be at least ten (10) days, but not more than thirty (30) days prior to
<br />the sale; and the Trustee shall then sell said property at the time and place designated in the notice,
<br />in the manner provided by law in effect at the time of filing said notice, at public auction to the
<br />highest bidder for cash and shall deliver to such purchaser a deed to the property sold, consistent
<br />with the law in effect at the time.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, Trustee's
<br />Deed conveying the property sold. Recitals in the Trustee's deed shall be prima facia evidence
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