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<br /> 99- 1�5531
<br /> out regard to the adequacy of any security,
<br /> enter upon and take possession of the prop-
<br /> erty, or any part thereof, in its own name or
<br /> in the name of the Trustee, and do any acts
<br /> which it deems necessary and desirable to
<br /> preserve the value, marketability� or rent-
<br /> ability of the property, or part thereof or
<br /> interest therein, increase the income there-
<br /> from or protect the security hereof, and,
<br /> without taking possession of the property,
<br /> sue for or otherwise collect the rents, is-
<br /> sues and profits thereof, including those
<br /> past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and collec-
<br /> tion, including attorney fees, upon any in-
<br /> debtedness secured hereby, all in such order
<br /> as Beneficiary may determine. The entering
<br /> upon and taking possession of the trust es-
<br /> tate, the collection of such rents, issues
<br /> and profits and application thereof as afore-
<br /> said shall not cure or waive any default or
<br /> notice of default hereunder or invalidate any
<br /> act and in response to such default or pursu-
<br /> ant to such notice of default and, notwith-
<br /> standing the continuance in possession of the
<br /> property or the collection, receipt and ap-
<br /> plication of rents, issues or profits, Trus-
<br /> tee or Beneficiary may be entitled to exer-
<br /> cise every right provided for in any of the
<br /> loan instruments or by law upon occurrence of
<br /> any event of default, including the right to
<br /> exercise the power of sale;
<br /> (b) commence on action to foreclose
<br /> this Deed of Trust as a mortgage, appoint a
<br /> receiver, or specifically enforce any of the
<br /> covenants hereof;
<br /> (c) deliver to Trustee a written decla-
<br /> ration of default and demand for sale, and a
<br /> written notice of default and election to
<br /> cause Trustor' s interest in the property to
<br /> be sold, which notice Trustee shall cause to
<br /> be duly filed for record in the official rec-
<br /> ords of the county in which the property is
<br /> located.
<br /> 13. Foreclosure by Power of Sale. Should Beneficiary elect
<br /> of sale herein contained
<br /> to foreclose by exercise of the power ,
<br /> Beneficiary shall notify Trustee and shall deposit with Trustee
<br /> this Deed of Trust and the note and such receipts and evidence of
<br /> expenditures made and secured hereby as Trustee may require, and
<br /> upon request of the Beneficiary, the Trustee shall file for rec-
<br /> ord, in the Register of Deeds office in the County where the
<br /> property is located, a notice of default, setting forth the name
<br /> of the Trustor, the Book and Page or pocument No. of this Deed of
<br /> Trust as recorded in said Register of Deeds office, the legal de-
<br /> scription of the above-described real estate and that a breach of
<br /> an obligation, for which said real estate was conveyed as secu-
<br /> rity, has occurred, and setting forth the nature of such breach
<br /> and the Trustee' s election to sell the real estate to satisfy the
<br /> obligation; and after the lapse of not less than one ( 1) month,
<br /> the Trustee shall give written notice of the time and place of
<br /> sale which may be between 9:00 a.m. and 5:00 p.m. at the prem-
<br /> ises, or at the Courthouse in the County wherein such property is
<br /> located, describing the property to be sold by its legal descrip-
<br /> tion, said notice to be published in a newspaper of general cir-
<br /> culation in the County wherein such property is located, once a
<br /> week for five (5) consecutive weeks, the last publication to be
<br /> at least ten ( 10) days, but not more than thirty (30) days, prior
<br /> to the sale; and the Trustee shall then sell said property at the
<br /> time and place designated in the notice, in the manner provided
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