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200301324
<br />(b) Truster shall perform any act in bankruptcy; or
<br />(c) A court of competent jurisdiction shall enter an order, judgment or decree approving a
<br />petition filed against Tmstor seeking any reorganization, dissolution or similar relief
<br />under any present or future federal, state or other statute, law or regulation relating to
<br />bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree
<br />shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not
<br />consecutive) from the first date of entry thereof; or any trustee, receiver or liquidator or
<br />Truster or of all or any parr of the Trust Estate, or of any or all of the royalties, revenues,
<br />rents, issues or profits thereof, shall be appointed without the consent or acquiescence of
<br />Truster and such appointment shall remain unvacated and unstayed for an aggregate of
<br />sixty (60) days (whether or not consecutive);
<br />(d) A writ of execution or attachment of any similar process shall be entered against Truster
<br />which shall become a lien on the Trust Estate or any portion thereof or interest therein
<br />and such execution, attachment or similar process of judgment is not released, bonded,
<br />satisfied, vacated or stayed within sixty (60) days after its entry or levy; or
<br />(e) There has occurred a breach of or default under any term, covenant, agreement,
<br />condition, provision, representation or warranty contained in any prior deed of trust or
<br />mortgage affecting the Trust Estate.
<br />10. Acceleration upon Default; Additional Remedies. If an event of default occurs,
<br />Beneficiary may declare the indebtedness secured hereby to be due and payable and the
<br />same shall thereupon become due and payable without any resentment, demand, protest
<br />or notice of any kind. Thereafter, Beneficiary may:
<br />(1) either in person or by agent, with or without bringing any action or proceeding, or by a
<br />receiver appointed by a court and without regard to the adequacy of its security, enter
<br />upon and lake possession of the Trust Estate, or any par[ thereof, in its own name or in
<br />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
<br />therein, increase the income therefrom or psnoteet the security hereof and, with or
<br />without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues
<br />and profits thereof, including those past due and unpaid, and apply the same, less costs
<br />and expenses of operation and collection including attorneys' fees, upon any
<br />indebtedness secured hereby, all in such order as Beneficiary may deterrence. The
<br />entering upon and taking possession of the Trust Estate, the collection of such rents,
<br />issues and profits and the application thereof as aforesaid shall not cure or waive any
<br />default or notice of default hereunder or invalidate any act done in response to such
<br />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
<br />profits, Trustee or Beneficiary shall been entitled to exercise every right provided for in
<br />any of the Loan Instruments or by law upon occurrence of any event of default, including
<br />the right to exercise the power of sale;
<br />(it) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or
<br />specifically enforce any of the covenants hereof;
<br />(iii) deliver to Trustee a written declaration of default and demand for sale and a written
<br />notice of default and election to cause Toaster's interest in the Trust Fstate to be sold,
<br />which notice Trustee shall cause to be duly filed for record in the appropriate offices of
<br />the County in which the Trust Estate is located; or
<br />(iv) exercise such other rights or remedies at law or in equity.
<br />I1. Foreclosure by Power of Sale, If Beneficiary elects to foreclose by exercise of the Power of Sale
<br />herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed
<br />of Trust and any note evidencing the Indebtedness and such receipts and evidence of expenditures
<br />made and secured hereby as Trustee may require.
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