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(d) a writ of execution or attachment of any .similar process shall be entered against 'Irustor which shall become a lien on <br />the Trust Estate or any portion thereof or interest thereon and such execution, attachment or similar process ofjudgment is not <br />released, bonded, satisfied, vacated or stayed within sixty (GO) days after its entry or levy; or <br />(e) there has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or <br />warranty contained in any prior decd of trust or mortgage affecting the Trust Estate. <br />la Accelaatlm upm Ddataltr Additimel Reni 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 a court <br />and without regard m the adequacy of its security, enter upon and take possession of the Trust Estate, or any part thereof, in its <br />own name nr in the name of Trustee, and do any acts which it deems necessary or desirable N preserve the value, <br />marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the income therefrom or protect the <br />security hereof and, with or without taking possession of the Trust Estate, sure for or otherwise collect the rents, issues and <br />profits thereof, including those past due and <br />unpaid, and 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 possession of the <br />Trust Estate, the collection of such rents, 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 default or pursuant to such notice of <br />default and, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and application of <br />rents, issues or profits, Truster: or Beneficiary shall be entitled to exercise every right retailed fir in any of the Loch <br />instruments or by law upon occum>nce 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 any of <br />the covenants hereof; <br />(iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause 'frustor's interest in the Trust Estate to be sold, which notice 'I'rratee shall cause to be duly Bled for record in the <br />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 />1L Faredmse by Poem of Selo 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 not; evidencing the Indebtedness <br />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 hh be recorded, published and delivered to Trustor <br />such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trust Trustee shall, without <br />demand on Truster, after such time as may then be required by law and after recordation of such Notice of Default and after <br />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 <br />Notice of Sale, either as a whole, or in separate lots or pamds or items as Trustee shall deem expedient, and in such order as it <br />may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of <br />sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property <br />so sold, but 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 Beneficiary, may <br />purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this'frust including costs <br />of evidence of title in connection ,kill sale, Trustee shall apply the proceeds of sale to payment of (f) the indebtedness (if) all <br />other sums then secure] hereby, and (iii) the remainder, if any, 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 />L Rmed3c Not °uisi%� Trustee and Beneficiary, and each of them, shall be entitled cc, cultures payment aad <br />performance of any indebtedness or obligations secured hereby and in exercise all rights and powers under this Seared Decd of <br />Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or all of the <br />such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, decd of trust <br />pledge, lien, assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its omforcemomt, whether by court <br />action or pursuant to the power of sale or other powers herein contained, shall prejudice nr in any manner affect Trustoe's or <br />Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed <br />that Trustee and Beneficiary, and each of them, shall he entitled to enforce this Second Dend of Trust and any other security now <br />or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved In Trustee or Beneficiary is intended to be exclusive of any other remedy <br />herein of by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given <br />hereunder or now ur hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan <br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or <br />independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may <br />pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment <br />against the Trustor to the extent such action is permitted by law <br />'I'll cns'N Poe3 d s <br />GQm ,,HK91r111 <br />