99 111248
<br /> (d) a writ ot execution or 'achment ot any similar process shall be enrPred against Trustor which shall
<br /> become a (ien on the Trust Estate or ai. �ortion thereof or interest therein and sucF �cution, attachment or similar
<br /> process oI judgment is not released, bonded, satistied, vacated or stayed within sixty (6u) days after its entry or levy; or
<br /> (e) there has occurred a breacfi of or detault under any term, covenant, agreement, condition, provision,
<br /> representation or warranty contained in any prior deed of trust or mort9age aftecting the Trust Estate.
<br /> 10. Acce/aration upan; Delau/h, Addifiona/ Renredles. If an event of de(ault occurs, Beneficiary may declare the
<br /> idebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any
<br /> resentment, demand, protest or notice oi any kind. Thereaiter, Beneficiary may:
<br /> (il either in person o�by agent, with or without bringing any action or proceeding, or by a receiver appvir�ted
<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 ar 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 or interest therein, increase the income therefrom
<br /> or protect the security hereof and, with or without taking possession ot the Trust Estate, sue for or otherwise collect the
<br /> rents, issues and prolits thereof, including those past due and unpaid, and apply the same, less costs and expenses of
<br /> operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary
<br /> may determine. The entering upon and taking possession of the Trust Estate, the collection ot such rents, issues and
<br /> profits and the application thereof as atoresaid 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 oi default and, notwithstanding the
<br /> continuance in possession ot the Trust Estate or the collection, receipt and application oi rents, issues or profits, Trustee
<br /> or Beneficiary 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 deiault, 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 specitically
<br /> enforce any of the covenants hereot;
<br /> (iii) deliver to Trustee a written declaration of default and demand for sale and a written notice ot detautt and
<br /> election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly tiled for
<br /> record in the appropriate o(tices of the County in which the 7rust Estate is Iocated; or
<br /> (iv) exercise such other rights or remedies at law or in equity.
<br /> 1 1. Forec%sure byPowero/Sa/e. It Beneticiary elects to toreclose by exercise of the Power of Sate herein contained,
<br /> leneficiary shall notity Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtedness
<br />�nd such receipts and evidence 'of expenditures made and secured hereby as Trustee may require.
<br /> (a) Upon receipt o( such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered
<br /> to Trustor such Notice of Oefault and Notice ot Sale as then required by law and by this Second Deed of Trust. Trustee
<br /> shall, without demand on Trustor, atter such time as may then be required by law and after recordation of such Notice of
<br /> Detault and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and ptace ot sale
<br /> fixed by it in such Notice o( 5ale, either as a whole, or in separate Iots 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 tor cash in Iawful money ot the United States
<br /> payable at the time ol sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sutiicient deed or
<br /> deeds conveying 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 truthiulness thereot. Any person, including without limitation
<br /> Trustor, Trustee or Beneficiary, may purchase at such sale.
<br /> (bl As may be permitted by law, aiter deducting all costs, fees and expenses of Trustee and of this Trust,
<br /> including costs of evidence of title in connection with sale, T•ustee shall apply the proceeds of sale to payment ot (i) the
<br /> I�debtedness (ii) all other sums then secured hereby, and liii) 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 aIl or any portion of the Trust Estate.
<br /> 12. Remedies Not Exc/usive. Trustee and Beneficiary, and each ot them, shall be entitled to eniorce payment and
<br /> erformance of any indebtedness or obligations secured hereby and to exercise all rigf�ts and powers under this Second Deed ot
<br />'rust or under any Loan Instrument or other agreement or any laws now or hereafter in (orce; notwithstanding, some or all o( the
<br /> uch indebtedness and obligations secured hereby may now or hereaiter be otherwise secured, whether by mortgage, deed ot trust,
<br />' 'ge, lien, assignment or otherwise. Neither the acceptance of this Second Deed ol Trust nor its enforcement, whether by court
<br /> �n or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner atfect 7rustee's or
<br /> leneficiary's right to realize upon or enforce any other security now or�erealter held by Trustee or Beneficiary, it being agreed that
<br />'rustee and 8eneficiary, and each of them, shall be entitled to enforc this Second Deed of Trust and any other security now or
<br /> • 3
<br />
|