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99 11077 �
<br /> (�) a writ ot execution or attachment of any similar process shall be entered a�ains[ Trusror which shall
<br /> become a lien on the Trust Estate or any portion thereof or interest therein and such execution, attachment or similar
<br /> process ot judgment is not released, bonded, satisfied, vacated or stayed within sixty (60) days a(ter its entry or levy; or
<br /> (e) there has occurred a breach of or de(ault under any term, covenant, apreement, condition, provision,
<br /> representation or warranty contained in any prior deed of trust or mortgage af(ectinc� the Trust Estate.
<br /> 10. Accs/aration upon Delau/t; Addit/ona/ Remadies. If an event of de(ault occurs, Bene(iciary may declare the
<br /> Indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any
<br /> presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may:
<br /> (i) either in person or by apent, with or without bringinp any action or proceeding, or by a receiver appointed
<br /> by a court and without reflard to the adequacy of its security, 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 do any acts which it deems necessary or desirable to preserve
<br /> the value, marketability or rentability of the Trust Estate, or part thereof o� interest therein, increase the income therefrom
<br /> or protect tfie security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect the
<br /> rents, issues and profits thereof, includin4 those past due and unpaid, and apply the same, less costs and expenses of
<br /> operation and collection includinfl atto�neys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary
<br /> may determine. The entering upon and takinp possession of the Trust Estate, the collection of such rents, issues and
<br /> pro(its and the applicatio� ihereof as aforesaid shall not cure or waive any default or notice of default hereunder or
<br /> invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the
<br /> concinuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or protits, Trustee
<br /> or Bene(iciary shall been entitled to exercise every right provided for in any of the Loan Instruments or by law upon
<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 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 ot default and
<br /> election to cause Trustor's interesi in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed tor
<br /> 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 faw or in equity.
<br /> 1 1. Foiec%sure byPowe�o/Sa/e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Bene(iciary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtedness
<br /> and such receipts and evidence of expenditures made and sec�red hereby as Trustee may require.
<br /> (a1 Upon receipi oi such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as ihen 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 �ecordation of such Notice of
<br /> Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale
<br /> (ixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shal� deem expedient,
<br /> and in such order as it may determine, at public auction to the highest bidder (or cash in lawful money of the United States
<br /> payable at tlie time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveyinq the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed
<br /> of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation
<br /> Trustor, Trustee or Beneficiary, may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust,
<br /> including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) the
<br /> Indebtedness (ii) all other sums then secured hereby, and (iiiJ 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 o( 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 entorce payment and
<br /> performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed of
<br /> Trust or under any Loan Instrument or otf�er ac�reement or any laws now or hereaiter in (orce; notwithstandinq, some or all of the
<br /> such ind�bteJness and obliUations secured hcreby may now or herea(ter be otherwise secured, whether by mortqaqe, deed of trust,
<br /> pled��e, lien, assic�nrnent or otherwise. Neither the acceptance of this Second Deed o( Trust nor its en(orcement, whether by court
<br /> action or pursuant to the power o( sale or other powers herein contained, shall prejudice or in any manner atfect Trustee's or
<br /> Beneficiary's ripht to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that
<br /> Trustee and Bene(iciary, and each o( them, shall be entitled to enforce this Second Deed of Trust and any other security now or
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