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RF °M OVID 200200717 200112186 1,11 .1 w,.I ul t,. 1•1. u11.)„ ,u .111.1, hl) u•, II ul .1ny •,u nd.lt 11.,14 1••.•. ♦1,.111 h,• .. 1r-, . ,,t I.,, .: I . , , .: .. Urt.unur .1 I&CSI WI the l lull I %1.1te or .nly purtlon thereof of ullc,c'.l therein arld SuI 1, 1•.4. II „III .Ilt.0 IIII„•.,i pl ut.v of lu(lt)u u.nl IS not Iclea%ed• bonne d. S.IUShed. v.u..11 ed or %1.1yed wll Ili l S,■ly (hl I,rI It •, r,Ill If-) Ihcre has occurred a breach of or default under any term, eovcnaill. 'lilt rnlc it. I.umiIII.J„ Inu... fepresentation or warranty Contained l)1 any prior deed of trust or nwrigage affectrrxl the lliu%l L'Aall, 10 Accoluration upon Dotault; Additional RonladiuS. It an event of default Q/a.IlIS. BeneticI.Ily 111.1y 04_C1.1,,. ; �J :ot,.7ncss secured hereby to be due and payable and the same shall thereupon become du,: and payable w,ttlu..• a -, :)iesc -neat, demand, protest or notice of any kind. Thereafter, Beneficiary may: (1) either in person or by agent, with or without bringing any action or proceedlnp, of by a receiver apt)•, by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate. I;! a_ part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to p:C..e,, tile value, marketability or rentability of the Trust Estate, or part thereof or interest theicln, increase the income their. +r; or protect the security hereof and, with or without taking possession of the Trust Estate, sue lot or otherwise col,_.* rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expel),:. s operation acid collection including attorneys' fees, upon any indebtedness secured hereby, all u) such order as may determine. The entering upon and taking possession of the Trust Estate, the collection of such rents. issues a-.: profits and the application thereof as aforesaid shall not cure of waive any default or notice of default hereunde- invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding t -_ continuance in possession of the Trust Estate or the collection, receipt and application of tents, issues or profits. Trustcc or Beneficiary shall been entitled to exercise every right provided for in any of the Loan Instruments or by lavi u„”. occurrence of any event of default, including the right to exercise the power of sale; (ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or speclftcz , enforce any of the covenants hereof; (iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of default a-z election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly tiled for record in the appropriate offices of the County in which the Trust Estate is located; or (iv) exercise such other rights or remedies at law or in equity. I 11. Foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein conta,ned. Eeneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtedness a ,d such receipts and evidence of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and de!i,. •ec to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Truss. Tiusie: shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice o- Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expeo.ent. and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed o• deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deec of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitaiior Trustor, Trustee or Beneficiary, may purchase at such sale. (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (I. the Indebtedness (ii) all other sums then secured hereby, and (iii( the remainder, if any, to the person or persons legally en: tlec thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Es -,a :e. 12. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce paymen: an performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed c Trust or under any loan Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or all of tth such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of truss pledge, lien, assignment or otherwise. Neither tile acceptance of this Second Deed of Trust nor its enforcement, whether by eou• action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's t Beneficiary's right to icaliic upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agree, th. Trustee arid Beneficiary, and each of them, shall be entitled to enforce this Second Deed of Trust and any other secu "ty r.0W .