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10. Events of Default. Any of the following events shall be deemed an event of default hereunder: 200210141
<br />A. Truster shall have failed to make payment of any installment of interest, principal, or principal and interest crony other sum
<br />secured hereby when due; or
<br />B. There has occurred a breach of or default under any term, covenant, agreement, condition, provisions, representations, or
<br />warranty contained in any of the Loan Instruments.
<br />C. If all or any part of the Property or any interest therein is sold either outright or by land contract orolherwise transferred by
<br />Truster without Beneficiary's prior mitten consent excluding (1) the creation of a lien or encumbrance subordinate to this Deed
<br />of Trust, (ii) the creation of a purchase money security interest for household appliances, (iii) a transfer by devise, descent or
<br />by operation of law upon the death of a joint tenant, or (iv) the grant of any leasehold interest of three years or less not
<br />containing an option to purchase.
<br />D. If Truster defaults in the payment of any installment of principal or if any interest on any prior mortgage note or note
<br />secured by a prior Deed of Trust filed against the Trust Estate, or in the performance of any of the covenants of any prior
<br />mortgage or Deed of Trust filed against the Trust Estate.
<br />11. Acceleration upon Default Additional Charges. Should an event of default occur, Beneficiary may deda re all indebtedness
<br />secured hereby to be due and payable and the same shall thereupon become due and payable without any presentiment, demand,
<br />protest or notice of any kind. Thereafter Beneficiary may:
<br />A. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a Court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to in the name of a nominee,
<br />release powers, hold property anywhere in the United States or abroad, acquire or continue any business, engage advisers or
<br />assistants, act upon their advice, delegate powers, 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 taking possession
<br />of the Trust Estate, use 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
<br />hereby, all in such order as Beneficiary may determine. The entering upon and taking posession of the Trust Estate, the
<br />collection of such rents, issues, and profits and the application thereof as aforesaid, shall not cure or waive any default or
<br />notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and,
<br />notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and application of rents, issues, or
<br />profits, Trustee or Beneficiary shall be entitled to exercise every night provided for in any of the Loan Instruments or by law
<br />upon occurrence of any event of default, including the right to exercise the power of sale;
<br />B. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br />covenants hereof;
<br />C. Deliver to Trustee a written declaration of default and demand forsale, and awritlen notice of default and election fo muse
<br />Trustor's interest in the Trust Estate to be sold, which notice Trustee cause to be duly filed for record in the appropriate
<br />Official Records of the county in which the Trust Estate is located.
<br />12. Foredos ore by Power of Sale. Should Beneficiary elect to foreclosure by exerdse of the Power of Sale herein contained,
<br />Benefid ary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of
<br />expenditures made and secured hereby as Trustee may require.
<br />Upon receipt of such notice from Beneficiary, Trustee shall muse to be recorded, published, and delivered to Truster such Notice of
<br />Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Truster, after such
<br />time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as
<br />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
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the
<br />highest bidder forcash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or
<br />purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenants or warranty,
<br />express or implied. The recitals in such deed of any matters or fads shall be cendusive proof of the truthfulness thereof. Any
<br />person, including, without limitation, Truster, Trustee or Benefidary, may purchase at such sale and Truster hereby covenants to
<br />warrant and defend the title of such purchaser or purchasers. Trustee may in the manner provided by law, postpone sale of all or
<br />any portion of the Trust Estate.
<br />As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust inducing costs of evidence
<br />of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended underthe terms hereof,
<br />not then repaid, with accrued interest at the maximum legal rate, (ii) all other sums then secured hereby, (iii) to the payment of junior
<br />trust deeds, mortgages or to other I ienholders and (iv) the remainder, if any, to the person or persons legally entitled thereto. For
<br />each election to foreclose by exercise of the Power of Sale herein contained, the Trustee's fee shal I not exceed six percent of
<br />gross sale proceeds on loans over $25,000.
<br />13. Remedies not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of
<br />any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Loan
<br />Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or al of the indebtedness and obligations
<br />secured hereby may now or hereafter be otherwise secured, whether by a mortgage, Deed of Trust, pledge, lien, assignment or
<br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by Court actio n or pursuant to the power of
<br />sale or other powers herein contained, shall prejudice or in any matter affect Trustee's or Beneficiarys night to realize upon or
<br />enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each
<br />of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in
<br />such order and manner as they or either of them may in their absolute discretion determine. No remedy herein centered upon or
<br />reserved to Trustee or Benefidary is intended to be exdusive of any other remedy herein or by law provided or permitted, but each
<br />shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or
<br />by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may
<br />be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient
<br />by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting
<br />Beneficiary from seeking a deficiency judgment against the Trustor to the extent
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