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200110615
<br />1.11 .1 w. .l ul 1'1�1'I.u11on .0 .111.1. hnl.v.l u1 .111y ,..n.1.I I1., ♦11.111 h.• .'..1. .. . .11.L ..t 1....:
<br />Oct urlu' a Ilcn on the l Iust t.sl.11c U1 .Illy pur lion lhereol uI 1111vic,11 Ihcr e.n j1%d 1u. I. v.v 10.1.1 .11 t.I. hn;,• 1
<br />Imwe's'. of ludlllncnl IS not rclrt.lsed. bonded. sallslled. var:.11ed 111 slayed within %Ixty (601 •11r•. .1111:1 W. rl.11r
<br />lei [lit-le 11as occurred .1 breach of or delaull under any lean, covenarll. agrl:• nu•n1. I.u1111.11u11 11111,..
<br />representaluln or warranty contained In any prlor deed of trust or n►orlgage aflechno like Trutil EA.►ty
<br />10 Acculara(ion upon Do /atilt; Addi(ional Rorrrodius. II an event of default oct.urs, Ilenehclaly n1,►y d1;cl.u.:
<br />�d,`�U;7ncss secured hereby to be due and payable and the same stlall thereupon become du.: and payable w.th1) ' a".
<br />arecen; -vent, demand, protest of notice of any kind. Thereafter, Beneficiary n1ay: .•
<br />(11 either in person or by agent, with or without bringing any action or procceding, or by a receiver amr, . ., .
<br />by a court and without regard to the adequacy of Its security, enter upon and take possession of the Trust Estate, cl a••,
<br />part thereol, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to p: r: ;o•
<br />the value, marketability or rentability of the Trust Estate, or part thereof or interest therein, increase lire Income Ihcer, r;
<br />or protect the security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise col:._ -,
<br />rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and experr:_s
<br />operation and collection including attorneys' fees, upon any indebtedness secured hereby, all u► such order as Benut...; ,
<br />may determine. The entering upon and taking possession of the Trust Estate, the collection of such tents. issue. a'- _
<br />profits and the application thereof as aforesaid shall not cure or waive any default or 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. Trusz—
<br />or Beneficiary shall been entitled to exercise every right provided for in any of the Loan Instruments or by lay., u :fir.
<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 specl':Z2 •;
<br />enforce any of the covenants hereof; �y
<br />(iii► deliver to Trustee a written declaration of default and demand for sale and a written notice of default anz
<br />election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed for
<br />record in the appropriate offices of the County in which the Trust Estate is located; or
<br />(iv) exercise such other rights or remedies at law or in equity.
<br />1
<br />11. Foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contain =d.
<br />Eeneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtecn =ss
<br />a -)d 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!o —ec
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trust. 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 limitaiior
<br />Trustor, Trustee or Beneficiary, may purchase at such sale.
<br />(bl As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust
<br />including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of 0: the
<br />Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally ent tlec
<br />thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate
<br />12. Remedies Not Exclusive. Trustee and Beneficiary, and each of ,them, shall be entitled to enforce payment 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 th
<br />such indebtedness and obligations secured hereby may now or hereaf ter be otherwise secured, whether by mortgage, deed of true
<br />pledge, lien, assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether by COW
<br />action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's I
<br />Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agree9 tl►.
<br />Trustee and Beneliciary, and cacti of them, shall be entitled to enforce this Second Decd of Trust and any other secu "ll' nov. '
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