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99—�c�4���
<br /> ld1 a writ of t ion or artachment of an similar rocess
<br /> became a tien on the Trust Ea.ace or an y p be entereC against Trustor which �all
<br /> process af judgment is not released, bondedo atisf edCe acatedTOr stayed�w'thin sixry (60) days after�its entry of�e m��ar
<br /> Y;or
<br /> lel the�e has occurred a breach of or default under any term, covenanf, agreement, condition, pravis�on,
<br /> representaoo� or warranty contained in any priar deed of trust or mortgaqe affecting the Trust Estate.
<br /> 10. Accs/eiation upon De/au/i; Ad�iiona/ Remedes. If an event of default occurs, 8enefi�iary may dec:are the
<br /> Indebtedness secured hereby to be due and payable and the same shali thereupon become due and payable without any
<br /> presentment, demand, protest or nocice of any kind. Thereafter, 8eneficiary may:
<br /> Ii) either in person or by agent, with ar without bringing any action or proceeding, o�by a receiver appointed
<br /> by a coun and without regard to the adequacy of its security, enter upon and take possessian ot the Tn,st Estate, or any
<br /> paR thereof, in ics own name ar in the name of Trus;ee, and do any acts which it deems necessary or desirable to preserve
<br /> the value, marketabiliry or rentabiliry of the Trust Estate, or part thereof or inte�est therein, increase the income therefrom
<br /> ar protect the security hereof and, with or withaut taking possession of the Trusi Estate, sue for or otherwise collect the
<br /> rents, issues and profits thereof, including those past due and unpaid, and apply the same, fess costs and expenses of
<br /> operation and collectian induding attorneys' fees, upon any indebtedness secureC hereby, all in such o�der as 8eneficiary
<br /> may determine. The enteri�g upon and taking possession of the Trust Estate, the callection of such rents, issues and
<br /> profits and the applicatian thereof as aforesaid shall not cure or waive any deEault or notice of default hereunder or
<br /> invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding �e
<br /> continuance in possession of the Trust Estate or the callection, receipt and application of rents, issues or profits, Trustee
<br /> or Beneficiary shall been entitled to exercise every right provided for in any of the Laan Instruments or by law upan
<br /> occurrence at any event of default, including the �ght to exercise the power af sale;
<br /> (��) commence an action to foreclose this Deed of Trust as a mongage, appaint a receiver or specifically
<br /> enforce any of the covenants hereof;
<br /> (���1 deliver co Trustee a written declaration of default and demand for sale and a written notice of default and
<br /> etection to causz Trustor's interest in the Trust Estace 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 /> (�vj exercise such other rights or remedies at law or in equity,
<br /> 1 1. Foreclosure by Pawe�of Sa/e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Beneficiary shal! notify Trustee and shall deposit with Trustee this Second Deed 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, Trus:ee shal(cause to be recorded
<br /> to Trustor such Notice of Defauit and Notic2 of Sale as then required by law and by this Second Deedsof T ust.dTrustes
<br /> shall, without demand on 1"rustor, aher such time as may then be required by !aw and after recordation of such Notica of
<br /> Default and after Norice 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, or in separate lots or parcels or items as Trustee shall desm expedient,
<br /> and in such order as it may determine, at public auction ta the highest bidder for cash in lawful money of the United Stat�s
<br /> payable at the cime of sale. Trustee sha11 deliver to such purchaser o�purchasers thereof its good and suf`icient desd or
<br /> deeds conveying the property so sald, but without any covenant or,warranry, express or implied. The recitals in such desd
<br /> of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation
<br /> Trustor, Truste� or Beneficiary, may purchase at such sale.
<br /> lb1 As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trus:,
<br /> including costs of evidence of title in connection with sale, Yrustee 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, to the persan or persons legally entided
<br /> thereta.
<br /> (c) Trustee may in the manner provided by law pastpone sale of all or any portian of the Trust Estate.
<br /> 12. Remedies Nor Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce paymeni and
<br /> performance of any indebtedness or obligations sacured hereby and to execcise all rights and powers under this Second Deed of
<br /> Trust or under any Loan Instrument or other agreement or any laws now or hereafter in fo�ce; notwithstanding, same ar all of the
<br /> such indebtedness and obligations secured hereby may now a�hereafter be otherwise secu�ed, whether by martgage, deed of trust,
<br /> pledge, lien, assignment or atherwise. Neither the acceptance of this Second Oeed of Trust nor its enforcement, whether by courc
<br /> actio� or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's ar
<br /> Beneficiary's right to realize upon or enforce any other security now or hereafter held by 7rustee or Beneficiary, it being agreed that
<br /> Trustee and Beneficiary, and each of them, shall ae entitled to enforce this Second Deed of Trust and any other securiry now or
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