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<br />(a) either in person or by agent, with
<br />or without bringing any action or proceeding,
<br />or by receiver appointed by a court and with-
<br />out regard to the adequacy of any security,
<br />enter upon and take possession of the prop-
<br />erty, or any part thereof, in its own name or
<br />in the name of the Trustee, and do any acts
<br />which it deems necessary and desirable to
<br />preserve the value, marketability or rent-
<br />ability of the property, or part thereof or
<br />interest therein, increase the income there-
<br />from or protect the security hereof, and,
<br />without taking possession of the property,
<br />sue for or otherwise collect the rents, is-
<br />sues and profits thereof, including those
<br />past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collec-
<br />tion, including attorney fees, upon any in-
<br />debtedness secured hereby, all in such order
<br />as Beneficiary may determine. The entering
<br />upon and taking possession of the trust es-
<br />tate, the collection of such rents, issues
<br />and profits and application thereof as afore-
<br />said shall not cure or waive any default or
<br />notice of default hereunder or invalidate any
<br />act and in response to such default or pursu-
<br />ant to such notice of default and, notwith-
<br />standing the continuance in possession of the
<br />property or the collection, receipt and ap-
<br />plication of rents, issues or profits, Trus-
<br />tee or Beneficiary may be entitled to exer-
<br />cise every right provided for in any of the
<br />loan instruments or by law upon occurrence of
<br />any event of default, including the right to
<br />exercise the power of sale;
<br />(b) commence on action to foreclose
<br />this Deed of Trust as a mortgage, appoint a
<br />receiver, or specifically enforce any of the
<br />covenants hereof;
<br />(c) deliver to Trustee a written decla-
<br />ration of default and demand for sale, and a
<br />written notice of default and election to
<br />cause Trustor's interest in the property to
<br />be sold, which notice Trustee shall cause to
<br />be duly filed for record in the official
<br />records of the county in which the property
<br />is located.
<br />13. Foreclosure by Power of Sale. Should Beneficiary elect
<br />to foreclose by exercise of the power of sale herein contained,
<br />Beneficiary shall notify Trustee and shall deposit with Trustee
<br />this Deed of Trust and the note and such receipts and evidence of
<br />expenditures made and secured hereby as Trustee may require, and
<br />upon request of the Beneficiary, the Trustee shall file for
<br />record, in the Register of Deeds office in the County where the
<br />property is located, a notice of default, setting forth the name
<br />of the Trustor, the Book and Page or Document Number of this Deed
<br />of Trust as recorded in said Register of Deeds office, the legal
<br />description of the above - described real estate and that a breach
<br />of an obligation, for which said real estate was conveyed as
<br />security, has occurred, and setting forth the nature of such
<br />breach and the Trustee's election to sell the real estate to
<br />satisfy the obligation; and after the lapse of not less than one
<br />(1) month, the Trustee shall give written notice of the time and
<br />place of sale which may be between 9:00 a.m. and 5:00 p.m. at the
<br />premises, or at the Courthouse in the County wherein such
<br />property is located, describing the property to be sold by its
<br />legal description, said notice to be published in a newspaper of
<br />general circulation in the County wherein such property is
<br />located, once a week for five (5) consecutive weeks, the last
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