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�d� a writ of �acecution or 3ttac:�ment of arn similar procass shall be entered against Trustor whicn shall
<br /> • become a iien on the Trusz �ate or any portion thereof or interest therein and sucn execution, attac�ment or simiiar
<br /> • procass of judgment is �ot released, bonCeti, satisried, vacated or stayed within sixry (601 days aiter its entry or levy; or �
<br /> (e) there has occ�rred a 6reach of or defauit under any *erm, cavenant, agreement, conditian, provision, �
<br /> representa�on or wamanry contained in any prior deed of trust or mortgage affec�ng the Trust Estate. �
<br /> 10. Accs/erarien upon Defau/t; Addiiiona/ Aemedies. If an event or deiault oc�urs, 8enericiary may dec:are ;he �
<br /> Indebtedness secured hereby to 5e due and payable and the same shall thereupon become due and payable without any �
<br /> presentment, �emand, protest or notica of any �ind. Thereafter, Beneiic:ary may: N
<br /> (i} eiThet in persan or by agent, with or without brinqing arty ac�on or proceeding, or by a receiver appoirtted Q'
<br /> by a court and without regard to the adequac� of its secunry, enter upan and :ake possession of the Trust Estate, or arry
<br /> part thereof, in its own name o�in the name of Trustee, and do any ac;s whic.h it desms�ecessary or desirable to preserve
<br /> the value, marketability or rentability of�e Trust Estate,or part tt�ereof or interest therein. increase the income therefrom
<br /> or protect the security hereof and, with or without takinq possession of the Trust Estate, sue for or otherwise collect the
<br /> rer�ts, issues and profits thereaf, incluainq those past due and unpaid, and apply ttie same, less costs and expenses of
<br /> operation and collection incfuding attameys' fees, upan any indebtedness secured hereby, aU in such order as Beneficiary
<br /> may determi�e. The enterinq upon and taking possessian of the Trust Estate, the collection of such rents, issues and
<br /> profits and the application thereof as afaresaid shatl not cure or waive any default or novice of default hereunder or
<br /> invalidate any act done in response to such default or pursuant to such notica of default and, notwithstandir,q the
<br /> continuance in possession of the Trust Estate or the coilection, receipt and applica�on of rems, issues or profits, Trustee
<br /> ar Beneficiary shafl besn emitled :o exercise every right provided for in arry of the Loan Insavmenu or by law upon
<br /> occurrence oT any event or derault, inciuding the right to exercise the power of sale;
<br /> (iii commence an ac:ion to foreclose this Oeed of TrusL as a mortgage, appoint a receiver or specirically
<br /> enfores any of the covenants hereof;
<br /> (iiii de!iver �o ?'ru�ee a�Nriren dec:aration or defauit and demand for sale and a written notica of derauit and
<br /> elec;ion to cause Trustor'; interest in the Trust Es:ate �o oe sold, +Nnich notic� Trus�zs shall cause �o 'oe duiy 'iied �or
<br /> recora :n the appropriate or�icas er ;he C:.unry in whicn the Trust Estate is Ioc�Z°�: or
<br /> iivi exercis2 sucn other ngrts or remedies at law or in BQUIL`�/.
<br /> 1 1. Foisclosure by Power or Sa/e. If 3enericiary 2lects to foreclos2 by exercis2 or�ne Power or Saie ^erein contained,
<br /> Beneficiary snail notify Trustee anQ snail deoosit�.vith Trustee this Second Deed or Trust and any note evidenc:ng ;he Indebteaness
<br /> and such rec°�ots and evidence �T axoenditures made and secured hereby as Trus:es may reGuire.
<br /> (ai Upon rec°iot or such notice from Beneficiary, Trustes shall cause to be recorded, pubtisned and deiivered
<br /> to Trusior such Notice or Deiault and Notice or Sate as then required by law anQ by this Second Deed or Trust. Trustes
<br /> shall, �Nithout demand on Trustor, arter such time as may then be required by faw and aiter recordation or such Notice of
<br /> Default and after Notice oT Sale having been given as required by law, sell the Trust Estate at the time and place or sale
<br /> fixed by it in such Notice of Sale, either as a wnole, or in separate lots or parcels or items as Trustes shall deem expedient,
<br /> and in such order as it may determine, at pubiic auction to the highest bidder for cash in lawful money of the United States
<br /> payable at tfie time of sale. Trustee shail deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds co�veying the properry so sold, but without any covenant or warranty, express or implied. The recitals in such deed
<br /> af any matters or facts shafl be conclusive proof of the truthfulness thereof. Any person, including without limitation
<br /> Trustor, Trustee or Beneiiciary, may purcnase at such sale.
<br /> (b) As may be permitted by law, after deduc5ng ail costs, fees and expenses of Trustee artd of this Trust,
<br /> including costs of evidence of titfe in cnnnection with saie, Trustee shafl apply the proceeds of sale to payment of (ii the
<br /> Indebtedness (iil all other sums then secured hereby, and (iii} the remainder, if any, to the person or persons legally entitfed
<br /> thereto.
<br /> (c� Trustee may in the manner provided by law postpone sale of all or any porcion of the Trust Estate.
<br /> 1 Z. Remedies Not ExGasive. Trustes and Beneficiary, and each of them, shail be emitled to enforce payment and
<br /> performance af any indebtedness or obligations secured hereby and to exercise alI 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 force; natwithstanding, some or all of the
<br /> such indebtedness and obligations secured hereby may naw or hereafter be otherwise secured, whether by mortqage, 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 /> actian or pursuant to the power of sale or other powers herein contai�ed, shall prejudice ar in any manner affect Trustee's or
<br /> Beneficiary's riqht to realize upan or errforce any other securiry now or hereafter held by Trusiee or Beneficiary, it being agresd that
<br /> Trustee and Beneficiary, and each af them, shall be erttitled ta enfarce this Second Oeed of Trust and any other security now or
<br /> � 3
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