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RE-RECORDED 9 9 110 7 7 �
<br /> 99 110927
<br /> (�) a writ of execution or attachment ol any similar process shall be entered a�ains[ Trustor 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 of 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 detault under any term, covenant, apreement, condition, provision,
<br /> representation or warranty contained in any prior deed of trust or mortgage a(fectinc� the Trust Estate.
<br /> 10. Acca/e�ation upon Delau/t; Addit/ona/ Remecfias. I( an evenc of detault 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 /> presentmer�t, demand, protest or notice of any kind. Thereafter, Beneficiary may:
<br /> (i) either in person or by apent, with or without bringinp any action ar proceeding, or by a receiver appointed
<br /> by a court and withou[ 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 pari thereof or interest therein, increase the income therefrom
<br /> or protect the security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect the
<br /> rents, issues and profits thereof, includinfl those past due and unpaid, and apply the same, less costs and expenses of
<br /> operation and collection includinfl attorneys' 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 /> protits and the application tl�ereo( as aforesaid shall not cure or waive any default or notice of default hereunder or
<br /> invalidate any act done in response to such de(ault or pursuant to such notice of default and, notwithstanding the
<br /> continuance 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 righi 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 and
<br /> election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed (or
<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 law or in equity.
<br /> 1 1. Foreclosure by Powe�of Sa/e. If Beneficiary elects to foreclose by exercise of the Power of �ale herein contained,
<br /> Bene(iciary shall notify Trustee and shal�deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtedness
<br /> and such receipts and evidence of expenditures made and secured hereby as Trustee may require.
<br /> (a) Upon receipt of 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 then 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 recordation of such Notice of
<br /> Default and a(ter Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale
<br /> fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient,
<br /> and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States
<br /> payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and s�fficient deed or
<br /> deeds conveyinfl 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 af evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) the
<br /> Indebtedness (ii1 all other sums then secured hereby, and (iii) 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 of all or any portion of the Trust Estate.
<br /> 12. Remedies Not Exc/usive. Trustee and Beneficiary, and each o( them, shall be entitled to enforce payment and
<br /> performance o( any indebtedness or obligations secured hereby and to exercise all riphts and powers under this Second Deed of
<br /> Trust or under any Loan Instrument or otl�er ac�reement or any laws now or hereafter in force; notwithstandinq, some or all of the
<br /> suct�ind�btcJness and obliUations secured hcrcby may now or herea(ter bc othcrwise secured, whether by mortflaflc, deed o( trust, �
<br /> pled�e, licn, assignment or oUierwise. Ntither the acceptance o( this Second Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or
<br /> Bene(iciary's ripht to realize upon or enfo�ce 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 entorce this Second Deed of Trust and any other security now or
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