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202301687 <br />the Loan Instruments. <br />9. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should <br />an event of default occur, Beneficiary shall give written notice to Trustors specifying the default, <br />the action required to cure the default, a date not less than 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 <br />date may result in acceleration of the entire sum secured by this Deed of Trust and resale of the <br />property. Thereafter, the Beneficiary may: <br />(a) Either in person or by agent, with or without bringing any action or <br />proceeding, or by a receiver appointed by a Court and without regard to the <br />adequacy of its security, enter upon and take possession of the Trust Estate, or <br />any part thereof, in its own name or in the name of Trustee, and do any acts <br />whichit deems necessary or desirable to preserve the value, marketability or <br />rentability of the Trust Estate, or part thereof or interest therein, increase the <br />income therefrom or protect the security hereof, and with or without taking possession <br />of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, <br />including those past due and unpaid, and apply the same, less costs and expenses of <br />operation and collection, .including attorney's fees, upon any indebtedness secured <br />hereby, all in such order as Beneficiary may determine. The entering upon and taking <br />possession of the Trust Estate, the collection of such rents, issuesand profits and the <br />application thereof as aforesaid, shall not cure or waive any default or notice of default <br />hereunder or invalidate any act done in response to such default or pursuant to such <br />notice of default and, notwithstanding the continuance in possession of the Trust Estate <br />or the collection, receipt and application of rents, issues or profits, Trustee or <br />Beneficiary shall be entitled to exercise every right provided for in any of the Loan <br />Instruments or by law upon occurrence of any event of default, including the right to <br />exercise 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's interest in the <br />TrustEstate to be sold, which notice Trustee shall cause to be duly filed for <br />record in the appropriate Official Records of the County in which the Trust <br />Estate is located. <br />(d) In the event of default in payment of principal or interest after that 60 <br />day grace period from due date has elapsed, Beneficiary may, without further <br />notice proceed with acceleration, foreclosure, power of sale, and any additional <br />remedies available to Beneficiary as stated in Paragraphs 9, 10, and 11 of this <br />Deed of Trust. <br />10. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to <br />foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and <br />shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of <br />expenditures made and secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be <br />recorded, published and delivered to Trustors such Notice of Default and Notice <br />of Sale as then required by law and by this Deed of Trust. Trustee shall, without <br />demand on Trustor, after such time as may then be required by law and after <br />recording such Notice of Default and after Notice of Sale having been given as <br />required by law, sell the Trust Estate at the time and place of sale fixed by it in <br />such Notice of Sale, either as a whole, or in separate lots or parcels or items as <br />Trustee shall deem expedient, and in such order as it may determine, at public <br />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 <br />thereof, its good and sufficient deed or deeds, conveying the property so sold, but <br />Page 3 of 5 <br />