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99 110968
<br /> (�) a writ of execution or attachment ol any similar process shall be entered a�ainst Trustor which shall
<br /> become a lien on the Trust Estate or any portian thereof or interest therein and such execution, attachment ar similar
<br /> process o( 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 mortpage aflectinc� the Trust Estate.
<br /> 10. Acca/e�ation upon De/au/t; Addit/ona/ Ramedias. If an event oi detault occurs, Beneticiary 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. Therea(ter, Beneticiary 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 regard 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 ot the Trust Estate, or part thereof or interest therein, increase the income there(rom
<br /> or protect the security hereo/ and, with or without taking possession of the Trust Estate, sue for or otherwise collect the
<br /> rents, issues and pro(its thereof, includinfl those past due and unpaid, and apply the same, less costs and expenses ot
<br /> operation and collection includinfl attorneys' (ees, upon any indebtedness secured hereby, all in such o�der 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 application thereof 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 /> con[inuance in possession o( the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee
<br /> or Beneficiary shall been entitfed 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 /> (iil commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br /> enforce any of the covenants hereot;
<br /> (iiiy 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 for
<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. forecJosure by Powe�of Sa/e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Beneticiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Inde6tedness
<br /> and such receipts and evidence of expenditures made and secured hereby as Trustee may require.
<br /> (a) Upon receipt 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 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 atter 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 (or 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 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 T�ust,
<br /> including cnsts 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 (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 ot alt or any portion of the Trust Estate.
<br /> 12. Remedies Nof Exc/usive. Trustee and Beneficiary, and each ot them, shall be entitled to eniorce payment and
<br /> performance ot 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 other ac�reement or a�y laws now or herea(ter in force; notwithstandinq, some or all of the
<br /> such ind�bteJncss and obliUations secured hcrcby may now o�hereafter be othcrwise secured, whether by mortqaflc, decd ot trust,
<br /> pled��e, lien, assi�nment or otherwise. Neither the acceptance o( this Second Deed o( Trust nor its en(orcement, whether by court
<br /> action or pursuant to the power of 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 Beneficiary, and each o( them, shall be entitled to enfo�ce this Second Deed of Trust and any other security now or
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