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<br />1~ sold, transferred or further E'ncllmber~ld l,o.'ith011t thl' express or wrtttl_'1l consent l)f Ih~lll'flclarv,
<br />Benef Ie lar)' ma)', at its sole option, declarf.' all sums secured ov thts DeL'd of Trust to ht, Inunpdlately
<br />due and payable and proceed to the remedies available to it under the ~!efault pr0vtslon~ contained
<br />herein.
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<br />100697
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<br />11. Events of Default. Any of the following events shall be deemed an event of default herennder:
<br />
<br />(a) Trustor slla11 have failed to make pa~nent of any installment of interest,
<br />principal or t'rincipal and interest or any other sums secured hereby when duc~
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<br />(b) There has occurred a breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in this Deed
<br />of Trust, the note or any other loan instrument secur~d hereby;
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<br />(c) There has been a default by the Trustor in the pa)~ent of any prior or
<br />subsequent lien or encumbrance in respect to all or any part of the property;
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<br />(d) Trustor shall file a voluntary petition in bankruptcy or shall be adjudi-
<br />cated bankrupt or insolvent, or shall make an assignment for the benefit of creditors
<br />in respect to the property; or an action to enforce any lien or encumbrance or judg-
<br />ments against the property is commenced.
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<br />12, Acceleration Upon Default. In the event of any default, Beneficiary may declare all indebtednesB
<br />secured hereby to be due and payable, and the same shall thereupon become due and payable without any
<br />presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may:
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<br />(a) either in person ur by agent. with or l,-tthout bringing any act iv" or pro-
<br />ceeding, or by receiver appointed by a court and without regard to the adequacy of
<br />any security, enter upon and take possession of the property, or any part thereof,
<br />in its own name or in the name of the Trustee, and do any acts which it deems necessary
<br />and desirable to preserve the value, marketability or rentability of the property, or
<br />part thereof or interest therein, increase the income therefrom or protect the security
<br />hereof and. without taking possession of the property, sue for or othenrise collect the
<br />rents, lssues and profits thereof, including those past due and unpaid, and apply the
<br />same, less costs and expenses of operation and collection. including attorney fees, upan
<br />any indebtedness secured hereby, all in such order as Beneficiary may determine. The
<br />entering upon and taking possession of the trust estate, the collection of such rents,
<br />issues and profits and application thereof as aforesaid shall not cure or waive any de-
<br />fault or notice of default hereunder or invalidate any act and in response to such de-
<br />fault or pursuant to such notice of default and, notwithstanding the continuance in
<br />possession of the property or the collection, receipt and application of rents, issues
<br />or profits, Trustee or Beneficiary may be entitled to exercise every right pro.ided for
<br />in any of the loan instruments or by la~ upon occurrence of any event of default, in-
<br />cluding the right to exercise the power of sale;
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<br />(b) commence an action to foreclose this Deed of Trust as a mortgage, appoint
<br />a receiver. or specifically enforce any of the covenants hereof;
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<br />(c) deliver to Trustee a ~Titten declaration of default and demand for sale,
<br />and a written notice uf default and election to cause Trustor's interest in the property
<br />to be sold, which notice Trustee shall cause to be duly filed for record in the official
<br />records of the county in which the property is located.
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<br />13. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of the power
<br />of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of
<br />Trust and the note and such receipts and evidence of expenditures made and secured hereby as Trustee
<br />may require, and upon request of the Beneficiary, the Trustee shall file for record, in the Register
<br />of Deeds office in the County where the property is locat~d. a notice of default, setting forth the
<br />name of the Trustor, the Book and Page or Document No. of this Deed of Trust as recorded in said
<br />Register of Deeds office, the legal description of the above-described real estate and that a breach
<br />of an obligation, for which said real estate vas conveyed as security, has occurred, and setting forth
<br />the nature of such breach and the Trustee's election to sell the real estate to satisfy the obligation;
<br />and after the lapse of not less than One (1) month, the Trustee shall give written notice of the time
<br />and place of sale which may be between 9:00 a.m. and 5 p.m. at the premises, or at the Courthouse in
<br />the County wherein such property is located, describing the property to be sold by its legal descrip-
<br />tion, said notice to be published in a newspaper of general circulation in the County wherein such
<br />property is located, unce a week for five (5\ consecutive weeks, the last publication to be at least
<br />ten (10) days, but not more than thirty (3C) Jays, prior to the sale; and the Trustee ehall then sell
<br />said property at the time and place designated tn the notice, in the manner provided by law in effect
<br />at the time of filing said notice, at public auction to the highest bidder for cash and shall deliver
<br />to such purchaser a deed to the property sold, consistent with the 1m," in effect at the time.
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<br />Upon receipt of the price bid, Trustee shall deliver to the purchase, Trustee's deed conveying the
<br />property sold. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the state-
<br />ments made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
<br />reasonable costs and expenses of the sale, including but not limited to, Trustee's fees of not more
<br />than~% of the gross sale price, reasonable attorney fees and costs of title evidence; (b) to all
<br />sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally en-
<br />titled thereto. Any person, including Beneficiarv, may purclillBe said property at said sale.
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<br />The person conducting the sa.le may, for any calise he or she deems expedient, postpone the sale from
<br />time to time until it shall be completed and, In eVl'ry such case, notice of postponement shall be given
<br />by public declaration thereof by such person at the time and place last appointed for the sale; pro-
<br />vided, if the sale is postponed for longer than one (I) dav beyond the date designated in the notice of
<br />sale, notice thereof shall be given in the same manner as the original notice of sale.
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<br />14. Remedies Not Exclusive. Trustee and Beneftcinrv. iUld each of them. shall be entitled to en-
<br />force payment and perfcrmance of any indebtedness or obi fllat fon secured hereby and to exercise all rights
<br />and powers under this Deed of Trust or W1der any loan instrument or other agreement or any laW's noW' or
<br />hereafter enforced, notwithstanding some or all of the indebtedness nnd obligat ions secured hereby
<br />which may now or hereafter be othendse sec\.J.red. whl'tht.....r hy mortp,.lge. c.h.."ed of trust, pledge, lien, assign-
<br />ment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sale or other powers herein contained. shall prejudice or in any
<br />manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or here-
<br />after held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Bene-
<br />ficiary or Trustee in such order and manner as they, or either of them, may in their absolute discretion
<br />determine. No remedy herein conferred upon or reserved to Trustee or Benef fclary is intended to be ex-
<br />clusive of any other remedy herein or by law provided or permitted, but (,l1ch shall be cumulative and
<br />shall be In addition to every other remedy given hereunder or no~ or hereafter ~xtst fug at law or in
<br />equity or by statute. Every power or remedy given b\' anv of the loan tnst rumenls to Trustee or Bcnc-
<br />ficlary or to which either of them may be l)tlwr,,-,ise cot tt led mav h(> t'xl'rcts(~d. ['pnt'i1I"rent~... or indepen-
<br />dontly. [rom time to ttme and as often [IS mav he deemed c-xpedient bv lru~f{~l' nr HpneftciaT\', and ~~ither
<br />of them mil)' pur~ue Incon:dfttent rem('dtes. Xothlll~ herein qhall t,;. ,"nn~t rlH'd prohihlt inR HC"llt'ftciarv
<br />from seekin~ II dpftclenc\' ludv.ment ilRa"lnst IrustC1r tn ttlt' extent qtwh iL t Inn t<.; pt:onnlttC'd bv 1,')1.....
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