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202200492 <br />10. Transfer of Property. If all or any part of the Property or any interest of Trustor <br />therein is sold, transferred or further encumbered without the express written consent of <br />Beneficiary, Beneficiary may, at its sole option, declare all sums secured by this Deed of Trust to <br />be immediately due and payable and proceed to the remedies available to it under the default <br />provisions contained herein. <br />11. 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 or any installment of interest, <br />principal or principal and interest or any other sums secured hereby when due; <br />(b) There has occurred a breach of or default under any term, covenant, <br />agreement, condition, provision, representation or warranty contained in this Deed of Trust, <br />the Notes or any other Loan Instrument secured hereby; <br />(c) There has been a default by the Trustor in the payment of any prior or subse- <br />quent lien or encumbrance in respect to all or any part of the Property; or <br />(d) Trustor shall file a voluntary petition in bankruptcy or shall be adjudicated <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 judgment against the <br />Property is commenced. <br />12. Acceleration Upon Default. In the event of any default, Beneficiary may declare <br />all indebtedness secured hereby to be due and payable, and the same shall thereupon become due <br />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 <br />proceeding, or by receiver appointed by a court and without regard to the adequacy of any <br />security, enter upon and take possession of the Property, or any part thereof, in its own <br />name or in the name of the Trustee, and do any acts which it deems necessary and desirable <br />to preserve the value, or marketability of the Property, or part thereof or interest therein, <br />increase the income therefrom or protect the security hereof, and, without taking possession <br />of the Property, sue for or otherwise collect the rents, issues and profits thereof, including <br />those past due and unpaid, and apply the same, less costs and expenses of operation and <br />collection, including attorney fees, upon any indebtedness secured hereby, all in such order <br />as Beneficiary may determine. The entering upon and taking possession of the trust estate, <br />the collection of such rents, issues and profits and application thereof as aforesaid shall not <br />cure or waive any default or notice of default hereunder or invalidate any act and in <br />response to such default or pursuant to such notice of default and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application of rents, <br />issues or profits, Trustee or Beneficiary may be entitled to exercise every right provided <br />for in any of the Loan Instruments or by law upon occurrence of any event of default, <br />including the right to exercise the power of sale; <br />(b) commence an action to foreclose this Deed of Trust as a mortgage, appoint <br />a receiver, or specifically enforce any of the covenants hereof; or <br />(c) deliver to Trustee a written declaration of default and demand for sale, and <br />a written notice of default and election to cause Trustor's interest in the Property to be sold, <br />which notice Trustee shall cause to be duly filed for record in the official records of the <br />county in which the Property is located. <br />13. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of <br />the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee <br />this Deed of Trust and the Notes and such receipts and evidence of expenditures made and secured <br />hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall file for rec- <br />ord, in the Register of Deeds office in the County where the Property is located, a notice of default, <br />setting forth the name of the Trustor, the Book and Page or Instrument No. of this Deed of Trust <br />3 <br />