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. 99-s��a�.�
<br /> 1d1 a writ of c ion or attachment of any similar process be entered against Trustor wh�ct� ���
<br /> become a �ien on the Trust Ea.ate or any pa�pa� �ereof or i�terest therein and such executio�, attachment o��im;�ar
<br /> process of judgment is not released, bonded, satisfied, vacated o� stayed within sixry (60! days after ics entry o��eVY:ar
<br /> (e) there has accurred a breach of or defautt under any term, covenanf, agreement, condition, pra�i�a��
<br /> representadon or warrancy contained in any prior deed of trust ar mortgage affecting the Trust Estate.
<br /> 10. Acce%iation upon Osfau/c; Additiena/ Rsmed�es. If an event of default occurs, Beneficiary may,deNare the
<br /> I�debtedness secured hereby to be due and payabte and the same shall thereupan become due and payable without any
<br /> presentment, demand, procest or notice af any ki�d, Thereaher, Beneficiary may:
<br /> fi) either in persan or by agent, with or without bringing any action or praceeding, o�by a receiver appointed
<br /> by a coun and without regard to the adequacy of its securiry, enter upon and take possessian of the Trust Estate, o�any
<br /> paR thereof, in its awn name or in the name af Trustee, and do any acts which it deems neces;ary or desirable ta presecve
<br /> the value, marketabiliry or rentahiliry of the Trust Estate, o�part thereof or interest therein, increase the income therefrom
<br /> � or protect the security hereaf and, with or without taking possession af the Trust Estate, sue for or otherwise collect the
<br /> renjs, issues and profits thereaf, including those past due and unpaid, and apply the same, less costs and expenses of
<br /> operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary
<br /> may determine. The entering upon and taking possessian of ihe Trust Estate, the collectian of such rents, issues and
<br /> profits a�d the �pplication thereof as aforesaid shall not cure o� waive any default or notice of defautt hereunder or
<br /> invalidate any act dane in response to such default or pursuant ta such nodce of default and, notwithsianding �e
<br /> continuance in possession af the Trust Estate or the collectian, receipt a�d application of rents, issues or profits, Truy�tee
<br /> or 8eneficiary shall been entitled to exercise every right provided for in a�y of the Loan Instruments or by law upan
<br /> occurrence af any event of default, including the right to exercise the power of sale;
<br /> (��) commence an action to forectose this Deed of Trust as a mortgage, appoint a receiver or specificalty
<br /> enfarce any of the covenants hereof;
<br /> (iii) deliver to Trustes a written declaration of default and demand for sale and a v�tritten natice of default and
<br /> election to cause Trus:or's incerest in the Trust Estate to be sald, which natice T�ustee shall cause to be duly filed for
<br /> reco�d in the appropriate offices af the Counry in wnich the Trust Estate is located; or
<br /> (��) exercise such other rights or �emedies at law ar in equiry.
<br /> 11. Fo�eclosuie byPowe�ef Sa/e. If Beneficiary elects to foreclose by exercise o!the Power of Sa(e herein contained,
<br /> Beneficiary shall notify Trustee and shall deposit with Trustes this Second Oeed of Trust and any note evidencing the Indebtedness
<br /> and 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
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and by this Secand Deedsof T ust.dTrustea
<br /> shall, without demand on Trustor, aher such time as may then be required by law and after recordation of such Notica of
<br /> Default and after Notice of Sale having been given as required by law, sell the Trust Estata at the time and place of sale
<br /> fixed by it in suc:�Notice of Sale, either as a whole, ar in separate lots or parcels ar items as Trusiee shafl deem expedient,
<br /> and in such order as it ma
<br /> d r
<br /> y ete mine a
<br /> , t public auctian to the highest bidder for cash i�lawful money of the United Statas
<br /> payable at the time of sale. Trus
<br /> tee shall deliver
<br /> ta such purchaser or purchasers thereof its good and sufficient desd or
<br /> deeds canveying the property so sold, but without any covenant ar warranty, express ur implied. The recitals in such desd
<br /> of any matcers or facts shall be conctusive proaf of the truthfulness thereof. Any person, including without limitation
<br /> Trustor, Trustes or Beneficiary, may pu�chase at such sale.
<br /> 4b) As may be permitted by law, after deducting all costs, fees a�d 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 (i) the
<br /> Indebtedness (ii)all other sums then secured hereby, and (iii) the remainder, if any, ta the person or persons legalty entided
<br /> thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale af all or any portion of the Trust Estate.
<br /> 12. Remed'ies Not Exc/usive. Trustee and Beneficiary, and each af them, shall be entided to enfarce payment and
<br /> performance of any indebtedness or ohligations sxcured hereby and to exercise all rights and powers under this Second Deed of
<br /> Trust or under any Loan Instrument or other agreement o�any law$now or hereafter in farce; notwithstanding, some ar aQ of the
<br /> such indebtedness and obligatians secured hereby may now u�hereafter be othennrise secured, whether by mortpage, deed af trust,
<br /> pledge, lien, assignment or otherwise. Neither the acceptance af this Second Oeed of Trust nor its entorcement, whether by caurt
<br /> action or pursuant ta the power of sale o� other powers herein contained, shall prejudice or in any manner affect Trustee's or
<br /> Beneficiary's right to realize upan ar enforce any other security naw or hereafter held by Trustee or Beneficiary, it bei�g ag�eed that
<br /> Trustee and Beneficiary, and each of them,�shall be entitled to enforca this Secand Deed af Trust and any other securiry novK or �
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