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<br />200110234
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<br />Ir1'I.o1rIC a Ircn un 1111: l,util Lalale o, .Illy purllun lhcreul u1 1111vi %I Illelc6n and tiu, 11 1•.r 111,,1 .I,II.1. IIU 1,•.,d „
<br />111o1.e%% of fulltpoel1t 1% not felvased, bonded• satisfied• vai.aied or slayed w1lhm S1111y (h()I it 1i•. .1111-1 W. 1v111 ,
<br />(c) Ihete has occurred a breach of or default urldet any term, eoverlam. ag,1: relent, r.u110,11u11 I„11,..
<br />tepdesentatdon or warranty contained ul any pilot deed of trust or mortgage allechng rile Tru %I L %late
<br />10 Accaluration upon Dolault; Additional Ronlodius. If an event of default ocl.uts. Benehclady play d1:U,,,,. ;•.
<br />i1d_JIIt'illl'ss secured hereby to be due and payable and the same Shall thereupon beconu: du-: amf payable with,..• a
<br />precen; -neat, demand, protest or notice of any kind. Thereafter, Beneliciary Wray:
<br />(1) either in person or by agent, with or without bringing any action or ptoceeding, or by a receive, alit,.,
<br />by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, c. a•'.
<br />part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to
<br />the value, marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the ulcorne
<br />or protect the security hereof arid, with or without taking possession of the Trust Estate, sue lot or otherwise
<br />rents, issues arid profits thereol, including those past due and unpaid, and apply the salve, less costs and exPen,:_5
<br />operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such odder as Cen,:t.:.,;
<br />may determine. The entering upon and taking possession of the Trust Estate, the collection of such rents, issues a--_-
<br />profits and the application thereof as aforesaid shall not cure or waive any default of notice of default hereunde•
<br />invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding t
<br />continuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits. Trus ;;
<br />or Beneficiary shall been entitled to exercise every right provided for in any of the Loan Instruments or by lavf u,^.-".
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specr',cz ';
<br />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 default a-z
<br />election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed !or
<br />record in the appropriate offices of the County in which the Trust Estate is located; or
<br />GO exercise such other rights or remedies at law or in equity.
<br />1
<br />11. foreclosure by Power o(Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained.
<br />Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtedness
<br />aid 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 de!ive•ec
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trus;. Trustee
<br />shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice o-
<br />Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale
<br />fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem exped.ent.
<br />and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States
<br />payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed o'
<br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deec
<br />of any matters or facts shall be conclusive: proof of the truthfulness thereof. Any person, including without limitatior
<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 of this Trus;
<br />including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (1: the
<br />Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally en: flee
<br />thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Esta:e-
<br />12. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce paymen; an
<br />performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed c
<br />Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or all of 1111
<br />such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of truss
<br />pledge, lien, assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether by eou'
<br />action or pursuant to the power of sale or outer powers herein contained, shall prejudice or in any manner affect Trustee's d
<br />Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agree*, tit•
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