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200110615 (•I) .1 vv,.I ul tp1�I•I.uL1u,a ,u aIt.i, Iuntvll ul .111y ,un.111 lust I••.•. J1.111 10' .' I. -. . ,,11—.t 1,...: Oct ono: a IIC81 on the I Iusl L. Male U1 .Illy purtlun (heft-of uI ullc'11's1 Ihclullr and sir. I. v.v ,11 .,1,1 .111.1, 11.1:,• 1 plut.ess of fudtpItenl IS not released, bonded. sahshed, vacated 111 stayed w ill un %I►ly (601 O 1i•, alu:I W. 1111t•, " 1. W) [lit-le has occurred .1 breach of or delaull under any term, covenant. agrl:. nu•nl, cunrl.l,u,1 representation or warranty contained In any prior deed of trust or mortgage allechno like Trust EA.1te 10 Acculurarion upon Do/aulr; Addirionil Rolnudius. ll an event of delaull occurs, (1r.nehclaly play d1 :cl,u,: �d,�lc7ncss secured hereby to be due and payable and the same shall thereupon beconu: dui: and payable wltiltl.•' presen ;-neat, demand, protest or notice of any kind. Thereafter, Beneftclary nlay: (11 either in person or by agent, with or without bringing any action or proceeding, or by a receiver jow, . ., . by a court arid without regard to the adequacy of Its security, enter upon and take possession of the Trust Estate. r;r a••, part thereol, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to (he value, marketability or rentability of the Trust Estate, or part the(eo( or interest therein, increase the Income of protect the security hereof arid, with or without taking possession of the Trust Estate, sue for or otherwise col:..-. rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expert =_s ; operation and collection including attorneys' fees, upon any indebtedness secured hereby, all In such older as may determine. The entering upon and taking possession of the Trust Estate, the collection of such rents. ISSUE: a- _ profits and the application thereof as aforesaid shall not cure or waive any default or notice of default hereunde- invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding t continuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits. Trusz or Beneficiary shall been entitled to exercise every right provided for in any of the Loan Instruments or by lay. u: 1r occurrence of any event of default, including the right to exercise the power of sale; (ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specl':za ; enforce any of the covenants hereof; (iii► deliver to Trustee a written declaration of default and demand for sale and a written notice of default a-z election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of the County in which the Trust Estate is located; or (iv) exercise such other rights or remedies at law or in equity. I 11. foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contain :d. Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtec - =ss a-)d such receipts and evidence of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and de!1ve•ec to Trustor such Notice of Default and Notice of Sale as then required by law arid by this Second Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice o' Default and after Notice of Sale having been given as required by law, sell the Trust 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 or items as Trustee shall deem exped.ent. and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed o, deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deec of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitatior Trustor, Trustee or Beneficiary, may purchase at such sale. (bl As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (I: the Indebtedness Oil all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally en; tlec thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate 12, Remedies Not Exclusive. Trustee and Beneficiary, and each of ,them, shall be entitled to enforce payment all performance of any indebtedness or obligations secured hereby arid to exercise all rights and powers under this Second Deed c Trust or under any Loan Instrument or othe( agreement or any laws now or hereafter in force; notwithstanding, some or all of th such indebtedness and obligations secured hereby may now or hereaf ter be otherwise secured, whether by mortgage, deed of truss pledge, lien, assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether by COW action or pursuant to lire power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's I Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agree9 tll• Trustee and Beneliciary, arid cacti of them, shall be entitled to enforce this Second Deed of Trust and any other secu"ly "%"'