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200301381
<br />10. Acceleration upon Default Additional Remedies if an event of default occurs, Beneficiary may declare the indebtedness secured
<br />hereby to he due and payable and the same shell thereupon become due and payable without any presentment, demand, protest or notice of
<br />any kind, Thereafter, Beneficiary may:
<br />(if either in person or by agent, with or without bringing any action or proceeding, or by a receiverappoinled by.
<br />court and without regard to the adequacy of its security, enter upon and lake possession of the Ernst Estate, or any pan thereof, in its own
<br />name or in the none of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or tenability of
<br />the I cast Estate, or pan thereof or interest therein, increase lire income therefrom or protect the scenny hereof, and with or without taking
<br />possession of the'rcast Estate, 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 indebtedness secured herchy, all in
<br />such order as Beneficiary may determine. "I he entering upon and taking possession of the Trust Estate, the collection ofsuch rents, issues
<br />and profits and the application thereofas aforesaid shall not cure or waive nay default or notice ofdefnult hereunder or invalidate any act
<br />done in response to such default or pursuant to such notice of default and, nouwithsand i ng the continuance in possession of the Trust Enme
<br />or the collection, receipt and application of rents, issues or profits, Tmstce or Beneficiary shall be entitled to exercise every right provided
<br />for in any of the Loan Instruments or by law upon necurence of any event of defau h, met ud i ug 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 any ofthe covenants
<br />hereof,
<br />(iii) deliver to Trustee a written declarer inn of default and demand fix sale and a written notice of default and
<br />election to cause'1lonstor's Imereg in the 7 "rust Pstate hr be sold, which notice of default and election to cause Tmstor's interest in the Trost
<br />Estate to be sold, which notice "trustee shall cause to be duly tiled fix record in the appropriate offices of the County in which the Trust
<br />Estate is located, or
<br />(iv) exercise such other rights or remedies at law or in equity.
<br />H. Foreclosure by Paver of.Sale If Beneficiary elects to foreclose by exercise of the power of Sale herein contained, Beneficiary
<br />shall notify'I'mstee and shall deposit with Trustee This' Second Deed of fmst and any note evidencing the indebtedness and such receipts and
<br />evidence ofexpenditures made and secured hereby as I mstec may require.
<br />(a) Upon receipt of such notice from Beneficiary, roister, shall cause to be recorded, published and delivered to
<br />Truster such Notice of Default and Notice of Sale as then required bylaw and by this Second Deed of Trust. 'Trustee shall, without demand
<br />on Tmstor, slier such time as may then be required bylaw and after recordation of such Notice of Dean It and after Notice of Sale having
<br />been given as required bylaw, sell the Total Estate at the time and place of sale fixed by it in such Notice of sale, either as a whole, or in
<br />separate lots or parcels or items m Tmstcc shall deem expedient, and in such order as it may determine, at public auction to the highest
<br />bidder for cash in lawful money of the United States payable at the lime of sole. I race shall deliver to such purchaser or purchasers thereof
<br />its good and sufficient deed or deeds conveying the property so sold, but without any convenam or warranty, express or implied. The
<br />recitals in such deed ofany matters or fuels shall be conclusive par nfollhe truthfulness thereof. Any person, including without limitation
<br />Truster, Trustee or Beneficiary, may purchase at such sale.
<br />(b) As may be permitted by taw, after deducting all costs, fees and expenses of Truslce and of the Trust including
<br />costs ofevidence of title in connection with sale, "Icastee shall apply the proceeds of sale to payment of(B the indebtedness (ii) all other
<br />sums then secured hereby, and (iii) the remainder, ofany, 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 Estate.
<br />12. Remedies Not Exclusive Trustee and Beneficiary, and each of them, shall he entitled to enforce payment and perfomtance fany
<br />indebtedness or obligations 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 hereafter in fi rrc; notsvilhsanding. some Or all of the such indebtedness and obligations
<br />secured hereby may now or hereafter he Otherwise secured, whether by mortgage, decd ftrust, pledge, lien, assignment or otherwise.
<br />Neither the acceptance of the Second Deed of Trust nor its enforcement, whether by court action Or pursuant to the power ofsale or other
<br />powers herein contained, shall prejudice or io any manner aBcct Tmstce's nr Beneficiary's right to realize upon or enforce any other security
<br />now Or hereafter held by Trustee or Beneficiary, it being agreed thm'1'mnee unit Beneficiary, and each of them, shall be entitled to enforce
<br />this Second Deed offinet and any other security now or
<br />heren fter held by Benefmi ary or Trustee in such order and manner as Ihey or either of lhenr may is their absolute discretion detemmine. No
<br />remedy herein conferred upon or reserved to nuter or Ilan lie i ary is inlendd to be eminsive of uny other remedy herein nr by law
<br />provided or permitted, but each shall be cumulative and shall he in addition to every other remedy given hereunder or now or hereafter
<br />existing at law or in equity or by statute, livery power or remedy given by any of the Loan Inslcamems to Trustee or Beneficiary or to which
<br />either of them may be otherwise each led, may be exercised, concurrently or independently, from time to Iinte and as oven as may be deemed
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