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200313992 <br />(a) Trustors shall have failed to make payment of any <br />installment of interest, principal, or principal and interest or any <br />other sum secured hereby when due; or <br />(b) There has occurred a breach of or default under any term, <br />convenant, agreement, condition, provisions, representation or <br />warranty contained in any of the Loan Instruments. <br />10. Acceleration Upon Default; Additional Remedies. Should an <br />event of default occur Beneficiary may declare all indebtedness <br />secured hereby to be due and payable and the same shall thereupon <br />become due and payable without any presentment, demand, protest, <br />or notice of any kind. Thereafter Beneficiary may: <br />(a) Either in person or by agent, with or without bringing any <br />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 <br />possession of the Trust Estate, or any part thereof, in its own name or <br />in the name of the Trustee, and do any acts which it deems necessary <br />or desirable to preserve the value, marketability or rentability of the <br />Trust Estate, or part thereof or interest therein, increase the income <br />therefrom, or protect the security hereof and, with or without taking <br />possession of the Trust Estate, sue for or otherwise collect the rents, <br />issues, and profits thereof, including those past due and unpaid, and <br />apply the same, less costs and expenses of operation and collection <br />including attorneys' fees, upon any indebtedness secured thereby, all <br />in such order as Beneficiary may determine. The entering upon and <br />taking possession of the Trust Estate, the collection of such rents, <br />issues, and profits, and the application thereof as aforesaid, shall not <br />cure or waive any default or notice of default hereunder or invalidate <br />any 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, issues, <br />or profits, Trustee or Beneficiary shall be entitled to exercise every <br />right provided for in any of the Loan Instruments; or by law upon <br />occurrence of any event of default, including the right to exercise the <br />power of sale. <br />(b) Commence an action to foreclose this Deed of Trust as a <br />mortgage, appoint a receiver, or specifically enforce any of the <br />covenants hereof; <br />(c) Deliver to Trustee a written declaration of default and <br />demand for sale, a written notice of default and election to cause <br />Trustors' interest in the Trust Estate to be sold, which notice Trustee <br />shall cause to be duly filed for record in the appropriate Official <br />Records of the County in which the Trust Estate is located. <br />11 <br />