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a 200505475 <br />required to be performed or observed by Trustors under the terms <br />of any of the Loan Instruments, other than nonpayment, which <br />failure is not satisfied within thirty (30) days following Trustors' <br />receipt of written notice from Beneficiary of such failure, or in the <br />case of a failure that requires more than thirty (30) days to cure, <br />such longer period as may be reasonable in the circumstances, <br />provided only that the Trustors immediately undertake and <br />diligently pursue the correction of such failure to the Beneficiary's <br />reasonable satisfaction; <br />(c) Any representation or warranty given by Trustors in any of the Loan <br />Instruments being false or becoming false at any time in the future; <br />(d) Trustors' sale or transfer all or any part of the Trust Estate or an <br />interest therein without Beneficiary's prior written consent, <br />excluding the creation of a purchase money security interest for <br />household appliances; <br />(e) Trustors' making an assignment for the benefit of its creditors, or <br />admitting in writing its inability to pay its debts as they become due, <br />or filing a petition in bankruptcy, or being adjudicated bankrupt or <br />insolvent, or filing a petition seeking any reorganization, dissolution, <br />liquidation., arrangement, composition, readjustment or similar relief <br />under any present or future bankruptcy or insolvency statute, law <br />or regulation or filing an answer admitting to or not contesting the <br />material allegations of a petition filed against it in such proceedings, <br />or not having such a petition dismissed or vacated within sixty (60) <br />days after filing, or seeking or consenting to or acquiescing to the <br />appointment of any trustee, receiver or liquidator of a material part <br />of its properties, or not having said appointment of such trustee, <br />receiver or liquidator vacated within. sixty (60) days of such <br />appointment. <br />9. Acceleration Upon Default, Additional Remedies. Should an event of default <br />occur, Beneficiary may declare all indebtedness secured hereby to be due and payable <br />and the same shall thereupon become due and payable without any presentment, <br />demand, protest, or notice of any kind. Thereafter, Beneficiary may: <br />(a) Either in person or by agent, with or without bringing any action or <br />proceeding, or by a receiver appointed by a court and without regard <br />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 <br />of Trustee, and do any acts which it deems necessary or desirable to <br />preserve the value, marketability, or rentability of the Trust Estate, <br />or part thereof or interest therein, increase the income therefrom, or <br />protect the security hereof and, with or without taking possession <br />of the Trust Estate, sue for or otherwise collect the rents, issues, and <br />profits thereof, including those past due and unpaid, and apply the <br />same, less costs and expenses of operation and collection, including <br />attorney fees, upon any indebtedness secured hereby, all in such <br />order as Beneficiary may determine. The entering upon and taking <br />possession of the Trust Estate, the collection of such rents, issues, <br />and profits, and the application thereof as aforesaid shall not cure <br />or waive any default or notice of default hereunder or invalidate any <br />act done in response to such default or pursuant to such notice of <br />default and, notwithstanding the continuance in possession of the <br />Trust Estate or the collection, receipt, and application of rents, <br />issues, or profits, Trustee or Beneficiary shall have and be entitled <br />to exercise every right or remedy provided for in any of the Loan <br />Instruments or by law or in equity upon occurrence of any event of <br />default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or specifically enforce any of the covenants <br />hereof; <br />L0648853.2 -4- <br />