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99- 1a4�ss
<br /> �d) a w�t of � ion a� aRachment af any simiiar process
<br /> become a lien on the Tn�st Ea.oce or an be entered a ai�st Tcuy�o� Wh�
<br /> Y Dartic� thereof or interest therei� and such execu an, atcachment o �m���
<br /> process of judgment is not released, bonded, satisfied, vacated or stayed w;th;n sixry (601 days after its entry o�1eVY:a�
<br /> (el the�e has occurred a breach of cr default under any term, covenant, agreement, condition
<br /> representaticn cr warranry contained in any pria� deed af wst ar mongage affecti�g the Trust Estate.
<br /> • P�avision,
<br /> 10. Accs/eiadon upoo Detau/t; Additiona/Remed�as. If an event ot defaulc occurs, Beneficiary ma .dec!
<br /> Indebtedness secured hereby to be due and payable a�d the same shall thereu on became due and Y a�e �e
<br /> presentment, demand, protest or notice of any kind. Thereafter, Beneficia ma p PeYable without any
<br /> �Y Y:
<br /> (i) either in person or by agent, with er withoui brtnging any action or p�oceeding, or by a receiver appo;nted
<br /> by a court and withaut regard ta the adequacy of its security, enter upon and take possessien ef the Trust Estate, or any
<br /> part chereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve
<br /> the value, marketabiliry o�rentability of ihe Trust Estate, or part thereof or interest therein, increase the income therefram
<br /> or protect the securiry hereof and, with or�n,ithout taking possession of che Trust Estate, sue for or othenn,;se collect ths
<br /> rents, issues and profits the�eof, including those past due and unpaid, and a I the same,
<br /> operation and collecrian including attorneys' fees, upan any indebtedness secured hereby, all in such order as Be efic ary
<br /> may determine. The entering upon and taking possession of the Trust Estate,
<br /> profits and che �pplication thereof as aforesaid shall not cure or waive any default o r nae ce of defaultthe eunder o�
<br /> invalidate any act da�e in respanse to such default or pursuant ta such notice of default and, notwithstanding �e
<br /> continuance in possession of che Trust Estate ar the callectian, receipt and applicatian of rents, issues or profits, Truy�t@e
<br /> ar 8eneficiary shall been entitled to exercise every right provided for in any of ihe Loan Instruments or by law upon
<br /> occurrence of any evenr of default, including the right to exercise the power of sale;
<br /> (��1 commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br /> enforce any of che covenant5 hereof;
<br /> ����) deliver to Trustee a written declaration of default and demand for sale and 'a written notice of default and
<br /> etection ta ca�se Trus;or's interest in the Trust Estate to be sold, which noace Trustee shall cause to be duly fited for
<br /> record in the appropriate offices af the County in which the Trust Estate is located; or
<br /> (iv1 exe�cise such other rights or remedies at law o� in eguity.
<br /> 1 1. Foreclosu�e ay Powe�ot Sa/e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Beneficiary shall notify Trustee and shall deposit with Trustee ihis Second Deed of Trust and any nate evidencing the Indebtedness
<br /> and such receipts and evidence of expenditures made and sacured hereby as Trustee may requi�e.
<br /> ia1 Upon receipt of such notice from Beneficiary, Truree shall cause to be rec�rded
<br /> to Trusto� such Notica of Default and Natice af Sale as then required by law and by this Second DeedSOf T ust.dTrustes
<br /> shall, without demand on Trustar, after such time as may then be required by law and after recordation of such Natica of
<br /> Default and after Notice af Sale having been given as required by law, sell the Trust Esrata 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 expedient,
<br /> and in such order as it may determine, at public auctian ta the highest hidder for cash in lawful money of the United Statas
<br /> payable at the Ame of sale. Trusiee shall deliver to such purchaser or pu�chasers thereof its good and sufficient deed or
<br /> deeds canveyinq the property so sald, b�without any covenant or.warranry, express or implied. The recitals in such desd
<br /> af any matters ar facts shall be conclusiv@ proof of the truthfulness thereof. Any person, includi�g wichout limitauon
<br /> Trustor, Truste� or Beneficiary, may pu�chase at such sale.
<br /> fbl As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trusr,
<br /> including cosis of evidence af dtle in connection with sale, Trustee shail apply the proceeds of sale to payment of (i) the
<br /> Indebtedness (ii)all ather sums then secured hereby, and (iiif ihe remainde�, if any, to the person o�persons legally entided
<br /> iheretc.
<br /> , (c) Trustee may in the manner provided by law postpone sate af all or a�y parpon of the Trust Estate.
<br /> 12. Remedles Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enfarce payment and
<br /> perfarmance ef any indebtedness ar obligatians s2cured hereby and to exercise all rights and powers under this Second Deed of
<br /> Trust or under any Loan Insuument or other agreemenc or any laws now or hereafter in force; notwithstanding, some o�all of the
<br /> such indebtedness and obligations secured he�eby may now or hereaftet be otherwise secured, whether by morteage, deed of ttust,
<br /> pledge, lien, assignment or other,vise. Neither the acceptance of this Second Deed of Trust nar its enforcement, whether by caurt
<br /> action or pursuant to the power of sale or other powers,herein contained, shall prejudice o� in a�y rr�anner affect Trustee's or
<br /> 8eneficiary's right to�ealize upen or enforce any other security now or hereafter hetd by Trustee or Beneficiary, It being agreed that
<br /> Trustee and Beneficiary, and each of them, shall be entitled to enforce this Second Deed of Trust and any other securiry novK or
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