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200207£37 <br />K Merger, Consolidation, Sales or Leases. Truster covenants that Truster will not sell, lease or <br />otherwise dispose of any of the Trust Estate. In the event that Trustor sells, leases or <br />otherwise disposes of any part of the Trust estate, Beneficiary may at its option declare the <br />Indebtedness secured hereby immediately due and payable, whether or not any default exists. <br />Beneficiary shall consent to a transfer of the Trust Estate to a third party to the extent such a <br />third party meets the requirements contained in, and assumes the obligations set forth in the <br />Fitst Deed .£Trust The covenants contained herein shall run with the Property and shall <br />remain in full force and effect until the Indebtedness is paid in full. <br />9. Events of Default. Any of the following events shall be deemed an event of default <br />hereunder <br />(a) default shall be made in the payment of the Indebtedness or any other sum secured <br />hereby when due; or <br />(b) "I carstor shall perform any act in bankruptcy; or <br />(c) a court of competent jurisdiction shall enter an order, judgement or deence approving <br />a petition filed against Ttustor seeking any reorganization, dissolution or similar <br />relief under any present or future federal, state or other statute, law or regulation <br />relating to bankruptcy, insolvency or other relief for debtors, and such order, <br />judgement or decree shall remain unvaeated and unstayed for an aggregate of sixty <br />(60) days (whether or not consecutive) from the first date of entry thereof; or any <br />trustee, receiver or liquidator or Trustor or of all or any part of the Trust Estate, or of <br />any or all of the royalties, revenues, rents, issues or profits thereof, shall be <br />appointed without the consent or acquiescence of Truxtor mid such appoinnneut shall <br />remain unvaeated and unstayed for an aggregate ol'sixty (60) days (whether or not <br />consecutive); or <br />(d) a writ of execution or attachment of any .similar process shall be entered against <br />Truster which shall become a lien on the Trust Estate or any portion thereof or <br />interest therein and such examnion, attachment or similar process of judgement is not <br />released, bonded, satisfied, vacated or stayed within sixty (60) days after its entity or <br />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 <br />or mortgage affecting the Trust Estate. <br />10. Acceleration upon Default; Additional Remedies. If an event of default occurs. Beneficiary <br />may declare the Indebtedness secured hereby to be due and payable and the same shall <br />thereupon become clue and payable without any presentment, demand, protest or notice of any <br />kind_ Thereafter, Beneficiary may. <br />(1) either in person or by agent, with or without bringing any action or proceeding, <br />or by a receiver appointed by a corm and without regard to the adequacy ofits <br />security, enter upon and take possession of the Trust Estate, or any pmt thereof, <br />in its own name or in the name of I instee, and do any acts which it deems <br />necassary or desirable to preserve the value, marketability or notability of the <br />Trust Estate, or part thereof or interest therein, increase the income therefrom or <br />protect the security hereof and, with or without taking possession of the Trust <br />£.state, sue for or otherwise collect the rents, issues and thrifts thereof, including <br />those past due and unpaid, and apply the same, less costs and expenses of <br />operation and collection including attorneys' fees, upon any indebtedness <br />secured hereby, all in such order as Beneficiary may deterrence The entering <br />upon and taking possession ofthe 1 cost Estate, the collection of., ach rents, <br />