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202400050
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1/3/2024 3:34:53 PM
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1/3/2024 3:34:53 PM
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DEEDS
Inst Number
202400050
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202400050 <br />10. Transfer of Property. If all or any part of the property or any interest of Trustor <br />therein is sold, transferred or further encumbered without the express or written consent of <br />Beneficiary, Beneficiary may, at its sole option, declare all sums secured by this Deed of Trust to <br />be immediately due and payable and proceed to the remedies available to it under the default <br />provisions contained herein. <br />11. Events of Default. Any of the following events shall be deemed an event of <br />default hereunder: <br />(a) Trustor shall have failed to make payment or any <br />installment of interest, principal or principal and interest or any <br />other sums secured hereby when due; <br />(b) There has occurred a breach of or default under any <br />term, covenant, agreement, condition, provision, representation or <br />warranty contained in this Deed of Trust, the note or any other loan <br />instrument secured hereby; <br />(c) There has been a default by the Trustor in the <br />payment of any prior or subsequent lien or encumbrance in respect <br />to all or any part of the property; <br />(d) Trustor shall file a voluntary petition in bankruptcy <br />or shall be adjudicated bankrupt or insolvent, or shall make an as- <br />signment for the benefit of creditors in respect to the property; or <br />an action to enforce any lien or encumbrance or judgments against <br />the property is commenced. <br />12. Acceleration Upon Default. In the event of any default, Beneficiary may declare <br />all indebtedness secured hereby to be due and payable, and the same shall thereupon become due <br />and payable without any presentment, demand, protest or notice of any kind. Thereafter, <br />Beneficiary may: <br />(a) either in person or by agent, with or without <br />bringing any action or proceeding, or by receiver appointed by a <br />court and without regard to the adequacy of any security, enter <br />upon and take possession of the property, or any part thereof, in its <br />own name or in the name of the Trustee, and do any acts which it <br />deems necessary and desirable to preserve the value, marketability <br />or rentability of the property, or part thereof or interest therein, <br />increase the income therefrom or protect the security hereof, and, <br />without taking possession of the property, sue for or otherwise <br />collect the rents, issues and profits thereof, including those past <br />due and unpaid, and apply the same, less costs and expenses of <br />operation and collection, including attorney fees, upon any in- <br />debtedness secured hereby, all in such order as Beneficiary may <br />determine. The entering upon and taking possession of the trust <br />estate, the collection of such rents, issues and profits and <br />application thereof as aforesaid shall not cure or waive any default <br />or notice of default hereunder or invalidate any act and in response <br />to such default or pursuant to such notice of default and, notwith- <br />standing the continuance in possession of the property or the <br />collection, receipt and application of rents, issues or profits, Trus- <br />tee or Beneficiary may be entitled to exercise every right provided <br />for in any of the loan instruments or by law upon occurrence of <br />any event of default, including the right to exercise the power of <br />sale; <br />(b) commence on action to foreclose this Deed of Trust <br />as a mortgage, appoint a receiver, or specifically enforce any of the <br />covenants hereof; <br />3 <br />
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