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99106857
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99106857
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Last modified
3/13/2012 6:26:37 PM
Creation date
10/20/2005 11:57:25 PM
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DEEDS
Inst Number
99106857
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. . 99 i� � ���'~ <br /> therein and such execution, attachment or similar process of <br /> judgment is not released, bonded, satisfied, vacated or stayed <br /> within sixty (60) days after its entry or levy; 'or <br /> (e) There has occurred a breach of or default by Trustor <br /> under any material term, covenant, agreement, condition, <br /> provision, representation or warranty contained in any of the <br /> Project Loan Documents which default is not cured within the <br /> applicable grace period; or <br /> (f) Trustor shall cause or permit without the written <br /> consent of Beneficiary the lien of this Deed of Trust to <br /> become subordinate to encumbrances not permitted herein or to <br /> cease to secure future advances as described in Section 6 <br /> hereof . <br /> 12 . ACCELER.ATION UPON DEFAULT; ADDITIONAL REMEDIES . If an <br /> event of default occurs, Beneficiary may declare all indebtedness <br /> secured hereby to be due and payable and the same shall thereupon <br /> become due and payable without any presentment, demand, protest or <br /> notice of any kind. Thereafter Beneficiary may: <br /> (a) Either in person or by agent, with or without <br /> bringing any action or proceeding, or by a receiver appointed <br /> by a court and without regard to the adequacy of its security, <br /> enter upon and take possession of the Trust Estate, or any <br /> part thereof, in its own name or in the name of Trustee, and <br /> do any acts which it deems necessary or desirable to preserve <br /> the value, marketability or rentability of the Trust Estate, <br /> or part thereof or interest therein, increase the income <br /> therefrom or protect the security hereof and, with or without <br /> taking possession of the Trust Estate, sue for or otherwise <br /> collect the rents, issues and profits thereof, including those <br /> past due and unpaid, and apply the same, less costs and <br /> expenses of operation and collection, including attorneys ' <br /> fees, upon any indebtedness secured hereby, all in such order <br /> as Beneficiary may determine . The entering upon and taking <br /> possession of the Trust Estate, the collection of such rents, <br /> issues and profits and the application thereof as aforesaid, <br /> shall not cure or waive any default or notice of default <br /> hereunder or invalidate any act done in response to such <br /> default or pursuant to such notice of default and, <br /> notwithstanding the continuance in possession of the Trust <br /> Estate or the collection, receipt and application of rents, <br /> issues or profits, Trustee or Beneficiary shall be entitled to <br /> exercise every right provided for in any of the Project Loan <br /> Documents or by law upon occurrence of any event of default, <br /> including the right to exercise the power of sale; <br /> (b) Commence an action to foreclose this Deed of Trust <br /> as a mortgage, appoint a receiver or specifically enforce any <br /> of the covenants hereof; <br /> 10 <br />
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