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<br />(e) there has occurred a breach of or default under any term, covenant, agreement, condition, provision,
<br />representation or warranty contained in any prior deed of trust or mortgage affecting the Trust Estate.
<br />10. Acceleration upon Default; Additional Remedies. If an event of default occurs, Beneficiary 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 agent, with or without bringing any action or proceeding, or by a receiver appointed by
<br />a court and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate,
<br />or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or
<br />desirable to preserve or protect the security hereof and, with or without taking possession of the Trust Estate,
<br />sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and
<br />apply the same, less costs and expenses of operation and collection including attorneys' fees, upon any
<br />indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking
<br />possession of the Trust Estate, the collection of such rents, issues and profits and the application thereof as
<br />aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice of default and, notwithstanding the continuance in
<br />possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Beneficiary shall been entitled to exercise every right provided for in any of the Loan Instruments or by law
<br />upon 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 enforce
<br />any of the covenants hereof;
<br />(iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of defaults and
<br />election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly
<br />filed for 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 />IL Foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained,
<br />Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the
<br />indebtedness 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 to
<br />Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trust.
<br />Trustee shall, without demand on Trustor, after such time as may then be required by law and after
<br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the
<br />Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate
<br />lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public
<br />auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying
<br />the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of
<br />any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without
<br />limitation 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
<br />payment of (I) the indebtedness (ii) all other sums then secured thereby, and (iii) the remainder, if any, to the
<br />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 Estate.
<br />12. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and
<br />performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this
<br />Second Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force;
<br />notwithstanding, some or all of the such indebtedness and obligations secured hereby may now or hereafter be
<br />otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance
<br />of this Second Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other
<br />powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or
<br />enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and
<br />Beneficiary, and each of them, shall be entitled to enforce this Second Deed of Trust and any other security now or
<br />hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute
<br />discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be
<br />exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in
<br />addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every
<br />power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be
<br />otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed
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