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200314548 <br />(b) Trustor shall perform any act in bankruptcy; or <br />(c) A court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed <br />against Trustor seeking any reorganization, dissolution or similar relief under any present or future <br />federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for <br />debtors, and such order, judgment or decree shall remain unvacated and unstayed for an aggregate <br />of sixty (60) days (whether or not consecutive) from the first date of entry thereof, or any trustee, <br />receiver or liquidator or Trustor or of all or any part of the Trust Estate, or of any or all of the <br />royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or <br />acquiescence of Trustor and such appointment shall remain unvacated and unstayed for an aggregate <br />of sixty (60) days (whether or not consecutive); <br />(d) A writ of execution or attachment of any similar process shall be entered against Trustor which shall <br />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 <br />within sixty (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 <br />Trust Estate. <br />10. Acceleration upon Default; Additional Remedies. If an event of default occurs, <br />Beneficiary may declare the indebtedness secured hereby to be due and payable and the same shall <br />thereupon become due and payable without any resentment, demand, protest or notice of any kind. <br />Thereafter, Beneficiary may: <br />(i) either in person or by agent, with or without bringing any action or proceeding, or by a receiver <br />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 <br />any acts which it deems necessary or desirable to preserve the value, marketability or rentability of <br />the Trust Estate, or part thereof or interest therein, increase the income therefrom or pOrotect the <br />security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise <br />collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, <br />less costs and expenses of operation and collection including attorneys' fees, upon any indebtedness <br />secured hereby, all in such order as Beneficiary may determine. The entering upon and taking <br />possession of the Trust Estate, the collection of such rents, issues and profits and the application <br />thereof as aforesaid shall not 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 default and, notwithstanding <br />the continuance in possession of the Trust Estate or the collection, receipt and application of rents, <br />issues or profits, Trustee or Beneficiary shall been entitled to exercise every right provided for in <br />any of the Loan Instruments or by law upon occurrence of any event of default, including the right <br />to exercise the power of sale; <br />(ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically <br />enforce any of the covenants hereof; <br />(iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of default <br />and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall <br />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 <br />of Trust and any note evidencing the Indebtedness and such receipts and evidence of expenditures made and <br />secured hereby as Trustee may require. <br />M'� <br />