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99 109079
<br /> (b) Trustor shall perform any act in bankruptcy; or
<br /> (c) a court of competent jurisdiction shall enter an order, judgement or decree approving a petition filed
<br /> against Trustor seeking any reorganization, dissolution or similar relief under any present or future federal, state or
<br /> other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order,
<br /> judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not
<br /> consecutive) from the first date of entry thereof; or any trustee, receiver or liquidator or Trustor or all or any part of
<br /> the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be appointed without
<br /> the consent or acquiescence of Trustor and such appointment shall remain unvacated and unstayed for an
<br /> aggregate of sixty(60) days(whether or not consecutive); or
<br /> (d) a writ of execution or attachment of any similar process shall be entered against Trustor which shall
<br /> become a lien on the Trust Estate or any portion thereof or interest therein and such execution, attachment or
<br /> similar process of judgement is not released, bonded, satisfied, vacated or stayed within sixty (60) days after its
<br /> entry or levy; or
<br /> (e) there has occurred a breach of 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. Acceleration upon Default;Additional Remedies. If an event of default occurs, Beneficiary may declare
<br /> the indebtedness secured hereby to be due and payable and the same shall thereupon become due and qayable without
<br /> any presentment,demand, protest or notice of any kind. Thereafter, Beneficiary may:
<br /> (i) either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br /> appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the
<br /> Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems
<br /> necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, or part thereof or
<br /> interest therein, increase the income therefrom or protect the security hereof and,with or without taking possession
<br /> of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past due and
<br /> unpaid, and apply the same, less costs and expenses of operation and collection including attorneys' fees, upon
<br /> and indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking
<br /> possession of the Trust Estate, the colllection of such rents, issues and profits and the application thereof as
<br /> aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to
<br /> such default or pursuant to such notice of default and, nothwithstanding the continuance in possession of the Trust
<br /> Estate or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall been entitled
<br /> to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any event of
<br /> 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 receiver 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
<br /> and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly
<br /> filed for record in the appropriate offices of the County in which the Trust Estate is located; or
<br /> (iv) exercise such other rights or remedies at law or in equity.
<br /> 11. Foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein
<br /> contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note
<br /> evidencing the Indebtedness and such receipts and evidence of expenditures made and secured hereby as Trustee may
<br /> require.
<br /> (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and
<br /> delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of
<br /> Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after
<br /> recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust
<br /> Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels
<br /> or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest
<br /> bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such
<br /> purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without
<br /> any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive
<br /> proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee or Beneficiary, may
<br /> purchase at such sale.
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