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<br />200610688 <br /> <br />(a) Trustor shall have failed to make payment of any installment of interest, principal, <br />or principal and interest or any other sum secured hereby when due; or, <br /> <br />(b) There has occurred a breach or default under any term, covenant, agreement, <br />condition, provision, representation, or warranty contained in any of the Loan Instruments. <br /> <br />9. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event <br />of default occur, Beneficiary shall give written notice to Trustor specifying the default, the <br />action required to cure the default, a date not less than 60 days from the date of the notice by <br />which the default must be cured, and that failure to cure the default on or before the specified <br />date may result in acceleration of the entire sum secured by this Deed of Trust and resale of <br />the property. Thereafter, the Beneficiary may: <br /> <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by <br />a receiver appointed by a Court and without regard to the adequacy of its security, enter upon <br />and take possession of the Trust Estate, or any part thereof, in its own name or in the name of <br />Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the <br />income therefrom or protect the security hereof, and with or without taking possession of the <br />Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those <br />past due and unpaid, and apply the same, less costs and expenses of operation and <br />collection, including attorney's 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, <br />the collection of such rents, issues and profits and the application thereof as aforesaid, shall <br />not cure or waive any default or notice of default hereunder or invalidate any act done in <br />response to such default or pursuant to such notice of default and, notwithstanding the <br />continuance in possession of the Trust Estate or the collection, receipt and application of <br />rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided <br />for in any of the Loan Instruments or by law upon occurrence of any event of default, including <br />the right to exercise the power of sale; <br /> <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, or specifically enforce any of the covenants hereof; <br /> <br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a <br />written notice of default and election to cause Trustor's interest in the Trust Estate to be sold, <br />which notice Trustee shall cause to be duly filed for record in the appropriate Official Records <br />of the County in which the Trust Estate is located. <br /> <br />(d) In the event of default in payment of principal or interest after that 60 day grace <br />period from due date has elapsed, Beneficiary may, without further notice proceed with <br />acceleration, foreclosure, power of sale, and any additional remedies available to Beneficiary <br />as stated in Paragraphs 9, 10, and 11 of this Deed of Trust. <br /> <br />10. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by <br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall <br />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 /> <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 <br />by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as <br />may then be required by law and after recordation of such Notice of Default and after Notice of <br />Sale having been given as required by law, sell the Trust Estate at the time and place of sale <br />fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as <br />Trustee shall deem expedient, and in such order as it may determine, at public auction to the <br />highest bidder for cash, in lawful money of the United States, payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof, its good and sufficient deed or <br />deeds, conveying the property so sold, but without any covenant or warranty, express or <br />implied. The recitals in such deed of any matters or facts shall be conclusive proof of the <br />3 <br />