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<br />(d) a writ of execution or attachment of any similar process shall be entered against Trustor which shall
<br />become a lien on the Trust Estate or any portion thereof or interest therein and such execution, attachment or
<br />similar process of judgment is not released, bonded, satisfied, vacated or stayed within sixty (60) days after its
<br />entry or levy; or
<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
<br />the indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />without any 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
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession of
<br />the Trust Estate, or any part thereof, in its own name or In the name of Trustee, and do any acts which it
<br />deems necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, or part
<br />thereof or interest therein, increase the income therefrom or protect the security hereof and , with or without
<br />taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof,
<br />including those past due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary
<br />may determine. The 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 default or notice of
<br />default hereunder or invalidate any act done in response to such default or pursuant to such notice of default
<br />and, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and
<br />application of rents, issues or profits. Trustee or Beneficiary shall be entitled to exercise every right provided
<br />for in any of the Loan instruments or by law upon occurrence of any event of default, including the right to
<br />exercise the power of sale;
<br />(ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br />enforce any of the covenants hereof;
<br />(iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of default
<br />and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be
<br />duly 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 />11. Foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein
<br />contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note
<br />evidencing the indebtedness and such receipts and evidence of expenditures made and secured hereby as
<br />Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and
<br />delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of
<br />Trust. 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 Trust
<br />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
<br />parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the
<br />highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to
<br />such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but
<br />without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee or
<br />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 payment of
<br />(i) the indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, If any, to the person or
<br />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
<br />payment and performance of any Indebtedness or obligations secured hereby and to exercise all rights and
<br />powers under this Second Deed of Trust or under any Loan Instrument or other agreement or any laws now or
<br />hereafter rin force; notwithstanding, some or all of the such Indebtedness and obligations secured hereby may
<br />now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or
<br />otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether by court action or
<br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's
<br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary,
<br />it being agreed that Trustee and Beneficiary, and each of them shall be entitled to enforce this Second Deed of
<br />Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or
<br />either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to
<br />Trustee or Beneficiary is intended to be exclusive of any other remedy given hereunder or now or hereafter
<br />existing at law or in equity or by statute. Every power o remedy given by any of the Loan Instruments to Trustee
<br />or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or
<br />independently, from time to time and a often as may be deemed expedient by Trustee or Beneficiary and either of
<br />them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from
<br />seeking a deficiency judgment against the Trustor to the extent such action is permitted by law.
<br />Page 3 of 5
<br />fm661 P3.uff
<br />NIFA 7/99
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