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20050'7943
<br />appointment shall remain unvacated and unstayed for an aggregate of 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 Trustor
<br />which shall become a lien on the Trust Estate or any portion thereof or interest therein and such execution,
<br />attachment or similar process of judgment is not released, bonded, satisfied, vacated or stayed within sixty
<br />(60) days after its entry or levy; or
<br />(e) there has occurred a breach of or default under any term, covenant, agreement, condition,
<br />provision, representation or warranty contained in any prior deed of trust or mortgage affecting the Trust
<br />Estate.
<br />10. Acceleration upon Default; Additional Remedies. If an event of default occurs, Beneficiary may
<br />declare the Indebtedness secured hereby to be due and payable and the same shall thereupon become due and
<br />payable 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
<br />receiver appointed by a court and without regard to the adequacy of its security, enter upon and take
<br />possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do any
<br />acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Trust
<br />Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof and,
<br />with or without taking possession 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 same, less costs and expenses of
<br />operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order
<br />as Beneficiary may determine. The entering upon and taking possession of the Trust Estate, the collection
<br />of such rents, issues and profits and the application thereof as aforesaid shall not cure or waive any default
<br />or notice of default hereunder or invalidate any act done in response to such default or pursuant to such
<br />notice of default and, notwithstanding the continuance in possession of the Trust Estate or the collection,
<br />receipt and application of rents, issues or profits, Trustee or Beneficiary shall been entitled to exercise
<br />every right provided for in any of the Loan Instruments or by law upon occurrence of any event of default,
<br />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
<br />specifically enforce any of the covenants hereof;
<br />(iii) deliver to Trustee a written declaration of default and demand for sale and a written
<br />notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee
<br />shall cause to be duly filed for record in the appropriate offices of the County in which the Trust Estate is
<br />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
<br />herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any
<br />note 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,
<br />published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and
<br />by this Second Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be
<br />required by law and after recordation of such Notice of Default and after Notice of Sale having been given
<br />as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order
<br />as it may determine, at public auction to the highest bidder for cash in lawful money of the United States
<br />payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and
<br />3718.CV (7/05) 900137 Page 4 of 6 NIFA 7/05
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