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� 99- 1�ssr�
<br /> (d) a writ of execution or attachment of any similar process shall be entcred against Trustor wh�ch sha
<br /> become a (ien on the Trust Estate or any portion thereot or interest therein and such execution, attachment or simda
<br /> process of judpment is not released, bo�ded, satisfied, vacated or stayed within sixty (60) days after its entry o� levy; c
<br /> (el there has occurred a breach oi or default under any term, covenant, agreement, condition, provision
<br /> representation or warranty contained in any prior deed of trust or mortgage affecting the Trust Estate.
<br /> 10. Acce%ration upon Delau/t; Additlona/ Remedies. I( an event of default occurs, Beneficiary may declare th�
<br /> Indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without an
<br /> presentment, demand, protest or notice oi any kind. Thereafter, Beneficiary may:
<br /> (il either in person or by agent, with o�without bringing any action or p�oceeding, or by a receiver appointe�
<br /> by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, or an
<br /> part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserv
<br /> the value, marketability or rentability of the Trust Estate,or part thereof or interest therein, increase the income therefron
<br /> or protect the security hereof and, with or without taking possession of the Trust Estate, sue for or othervvise collect th
<br /> rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses c
<br /> operation and cotlection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Benefician
<br /> may determine. The entering upon and taking possession of the Trust Estate, the collection of such rents, issues an�
<br /> profits and the application thereof as aforesaid shall not cure or waive any default or �otice of default hereunder o
<br /> invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding th�
<br /> continuance in possession of the Trust Estate o� the collection, receipt and application of rents, issues or profits, Truste�
<br /> or Beneficiary shall been entitled to exercise every right provided for in any of the Loan Instruments or by law upor
<br /> occurrence of any event of default, including the right to exercise the power of sale;
<br /> (ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiv,er or specifically
<br /> enforce any of the covenants hereof;
<br /> (iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of default anc
<br /> election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed fo
<br /> record in the appropriate offices of the County in which the Trust Estate is lacated; or
<br /> (iv) exercise such oiher rights or remedies at law or in equity.
<br /> 11. forec%sure byPowe�ofSa/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 this Second Deed of Trust and any note evidencing the Indebtednes�
<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, published and deliverec
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trust. Trustee
<br /> shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice o�
<br /> Default and after Notice of Sale f�aving been given as required by law, sell the Trust Estate at the time and place of salf
<br /> fixed by it in such Notice of Sale, either as a whole, or in separate lots or pa�cels or items as Trustee shall deem expedient,
<br /> and in such order as it may determine, at public auction to the highest bidder for cash i�lawful money of the United State�
<br /> payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed o�
<br /> deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such dee�
<br /> of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitatior
<br /> Trustor, Trustee o� Beneficiary, may purchase ai such sale.
<br /> (b! As may be permitted by law, afte� deducting all costs, fees and expenses of Trustee and of this Trust.
<br /> including costs of evide�ce of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i1 the
<br /> Indebtedness (ii)all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled
<br /> thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate.
<br /> 12. Remedies Not Exc/usive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and
<br /> pertormance of any indebtedness or obligations secured hereby and to exercise all rights a�d powers under this Second Deed of
<br /> Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or all of the
<br /> such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust,
<br /> pledge, lien, assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or
<br /> Beneficiary's right to reatize upon or enforce any other security now or herea(ter held by Trustee or Beneficiary, it being agreed thar
<br /> Trustee and Beneficiary, and each of them, shall be entitled to entorce this Second Deed ot Trust and any other security now or i
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