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99 112 �9i
<br /> (d) a wrk of eocecution or attachment of any similar process shall be entered against Trustor which shaN become a lien on the
<br /> . Trust Estate or any portbn thereof or interest therein and such executbn, attachment or similar process oi Judgment is not released,
<br /> bonded, satisfied, vacated or stayed within sbdy (60) days aRer its entry or ievy; or
<br /> (e) there has occurred a breach of or defauR under any term, covenant, agreement, condkion, provision, representatbn or waRanty
<br /> contained in any prior deed of trust or mortgage affecting the Trust Estate.
<br /> 10.Acceleration upon DefauR; Additional Remedies. it an evenc or deraun occurs, senenctary may dec�are cne
<br /> indebtedness secured hereby to be due and payable and the same shaA thereupon become due and payable without any presentment,
<br /> demand, protest or notice of any kind. ThereaRer, Beneficiary may:
<br /> (i) either in person or by ayent, wkh or wkhout brinqiny any action or prxeedhp, or by a receiver oppointsd by a court and
<br /> wRhout regard to the edequacy of ks security, enter upon and take possession of the Trust Estate, or any part thereof, in ks own name
<br /> o� in the name of Trustee, and do any ects which it deems necessary o� des'rable to preserve the value, markefability or rentability of
<br /> the Trust Estate, or part thereof or interest therein, increase the income th�efrom or protect the security hereof and, with or without
<br /> taking possessbn of the Trust Estate, sue for or otherwise collect the rents, i�sues and profits thereof, including those past due and
<br /> unpaid, and appy the same, less costs and expenses of operation and coHection includhy attomeys' fees, upon any indebtedness
<br /> secured hereby, aA in such order as BeneHciary may detertnine. The entering upon and taking poasessbn of the Tn�st Estate, the
<br /> collectbn of such rents, issues and profits and the appNcation thereof as aforesaid shaN not cure or waive any defauk or notbe of
<br /> defauR hereunder or invaUdate any act done in response to such defauk or pursuant to such notice of defauk and, notwkhstandiny the
<br /> continuance in possessbn of the Trust Estate or the collection, receipt and applicatbn of rents, issues or profks, Trustee or Beneficciary
<br /> shall be entitled to eocercise every ripht provided for in any of the Loan instruments or by law upon xcurrence of any event of defeuR,
<br /> including the right to exercise the power of sale;
<br /> (ii) commence an action to forecbse this Deed of Trust as a mortgage, appoint a receiver or specfficaly enforce any of the
<br /> covenants hereof;
<br /> (fii) deliver to Trustee a written declaration of defauk and demend for sale and a written notice of defauR and election to cause
<br /> Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duy filed for record in the appropriate offices of
<br /> the County in which the Trust Estate is bcated; or
<br /> (iv) exercise such other rights or remedies at law or in equity.
<br /> 11. Foreclosure by Power Of S81e. If Beneficiary elects to forecbse by exercise of the Power of Sale herein contahed,
<br /> Beneficiary shall notiy Trustee and shall deposk with Trustee this Second Deed of Trust and any note evidencing the Indebtedness and such
<br /> receipts and evidence of expenditures made and secured hereby as Trustee may require.
<br /> (a) Upon receipt of such notice from Beneficiary, Trustee shail cause to be recorded, published and delivered to Trustor such
<br /> Notice of Defauk and Notice of Sale as then requ'red by law and by this Second Deed of Trust. Trustee shall, wRhout demand on
<br /> Trustor, aiter such time as may then be required by law and aRer recordation of such Notice of Defauk and aiter Notice of Sale having
<br /> been given as required by law, sell the Trust Esiate at the time and place of sale fbced by it in such Notice of Sale, eRher as a whole, or
<br /> in seperete bts or parcels or Rems as Trustee shall deem expedient, and in such order as k may determine, at public auctbn to the
<br /> highest bidder for cash in lawiul money of the Unfted Stetes payable at the time of sale. Trustee shall delNer to such purchaser or
<br /> purchasers thereof ks good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express
<br /> or implied. The recitals in such deed of any matters or facts shaA be conclusFre proof of the truth(ulness thereof. My person, including
<br /> wRhout Iimitation Trustor, Trustee or Beneficiary, may purchase at such sale.
<br /> (b) As may be permitted by law, after deductiny all costs, fees and e�cpenses of Trustse and of this Trust, including costs of
<br /> evidence of title in connectan wdh sale, Trustee shall apply the proceeds of sale to payment of (i) the indebtedness (ii) all other sums
<br /> then secured hereby, and (iii) the remainder, rf any, to the person or persons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Esfste.
<br /> 12. Remedies Not Exclusive. Trustee and eeneficiary, end each oi them, shall be entitled to enforce payment and perfortnance
<br /> of any indebtedness or obligatans secured hereby and to exercise all rights and powers under this Second Deed of Trust or under any Loan
<br /> Instrument or other agreement or any laws now or hereaRer in force; notwkhstand'np, some or all of the such indebtedness and oblipations
<br /> secured hereby may now or hereaRer be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise.
<br /> Neither the acceptance of this Second Deed of Trust nor its �forcement, whether by court action or pursuant to the power of sale or other
<br /> powers herein contained, shall prejudice or in eny manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security
<br /> now or hereeRer heid by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shaN be entitled to enforce
<br /> this Second Deed of Trust and any other security now or hereatter held by Beneficiary or Trustee in such order and manner as they or ekher
<br /> of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Tnrstee or Beneficiary is intended to be
<br /> exc�sive of any other remedy herein or by law provided or penr�itted, but each shall be cumulative and shall be in addkbn to every other
<br /> remedy given hereunder or now or hereaRer eocisting at law or in equity or by statute. Every power or remedy given by any of the Loan
<br /> Instruments to Trustee or Beneficiary or to which either of them may be otherwise entkled, may be exercised, concurrenty or independenty,
<br /> irom time to time and as o(ten as may be deemed expedient by Trustee or Beneficiary and either of them mey pursue inconsistent remedies.
<br /> Nothing herein shall be construed as proh�iting Beneficiary trom seeking a deficiency judgment against the Trustor to the extent such action
<br /> is permitted by law.
<br /> F13340.LMO(B/B8) Paps 3 of 5
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