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(b) Trustor shall perform any act in bankruptcy; or 2 0 0 010 4 5a <br />(c) a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed <br />against Trustor seeking any reorganization, dissolution or similar relief under any present or future federal, state or <br />other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, <br />judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not <br />consecutive) from the first date of entry thereof; or any trustee, receiver or liquidator or Trustor or of all or any part <br />of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be appointed <br />without the consent 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 which <br />shall become a lien on the Trust Estate or any portion thereof or interest therein and such execution, attachment or <br />similar process of judgment is not released, bonded, satisfied, vacated or stayed within sixty(60) days after its entry <br />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 any prior deed of trust or mortgage affecting the Trust Estate. <br />10. AcceierahFon upon Defauiay Additional Remedies. If an event of default occurs, Beneficiary may <br />declare the indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable <br />without any presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may: <br />(i) either in person or by agent, with or without bringing any action or proceeding, or by a receiver <br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust <br />Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or <br />desirable to preserve the value, marketability or rentability of the Trust Estate, or part thereof or interest therein, <br />increase the income therefrom or protect the security hereof and, with or without taking possession of the Trust <br />Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and <br />apply the same, less costs and expenses of operation and collecting including attorneys' fees, upon any indebtedness <br />secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the <br />Trust Estate, the collection of such rents, issues and profits and the application thereof as aforesaid shall not cure or <br />waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to <br />such notice 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 Beneficiary shall be entitled to exercise every right <br />provided for in any of the Loan Instruments or by law upon occurrence of any event of default, including the right to <br />exercise the power of sale; <br />(ii) 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 />(iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of <br />default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be <br />duly filed for record in the appropriate offices of the County in which the Trust Estate is located; or <br />(iii) exercise such other rights or remedies at law or in equity. <br />11. ioreciosure by PowerofSa /e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein <br />Contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing <br />the Indebtedness and such receipts and evidence of expenditures made and secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and <br />Delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of <br />Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after <br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust <br />Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels <br />or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest <br />bidder for cash 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 sold, but without <br />