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<br />88- 101866
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<br />.-lsi sold; transferred or further encumbered without the expreao or written con6ent of Beneficiary,
<br />Benefic!ary may, at its 801e option, declare all sums secured by thio Deed of Trust to be immediately
<br />due and payable and proceed to the remedieD available to it under the default proviaions contained
<br />herein.
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<br />11. Events of Default. Any of t he following events shall be deeu,ed an event of default hereW1der:
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<br />(0) Trustor shall have failed to make payment of any inotollment of interest,
<br />principal or principal onrl interest or any other Sl\nlS secured hereby when due;.
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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 instnunent secured hereby;
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<br />(c) There has been a default by the Trustor in the payment 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 at;. insolvent, or shall make an assignment for ttc 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 Defaul~. In the event of any default, Beneficiary may declare all indebtedness
<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. Ther~after, Beneficiary may:
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<br />(a) either in person or by agent, with or without bringing any action or pro-
<br />ceeding, or by receiver appointed by a court and w~,thout 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 tbe 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 otherwise collect the
<br />rents, iss'ues 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, upon
<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 notic~ 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 />possessio~ 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 provided for
<br />in any of the loan instruments or by law 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 Truot 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 written declaration of default and demand for sale,
<br />and a written notice of 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 />inay 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 located, a notice of default, setting forth the
<br />name of the Trustor, the Book and Page or DoclDl1ent No. of this Deed of Trust as recorded in sal";
<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 was 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 loss 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, once a week for five (5) consecutive weeks, the last publication to be at least
<br />ten (10) days, but not more than thirty (30) days, prior to the sale; and the Trustee shall then sell
<br />said property at the time and place designated in 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 law 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 />merits mode 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 feea 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 Beneficiary, may purchase said property at said sale.
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<br />The person conducting the sale may, for any cause he or she deems expedient, postpone the sale from
<br />time to time until it shall be completed and,' in every 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 (1) day 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 Beneficiary, and each of them, shall be entitled to en-
<br />force payment. and performance of any indebtedness or obligation secured hereby and to exercise all rights
<br />and powers 'under ,.this Deed of. Trust or Wl~er any loan instrument 01: other agreement or any laws now or
<br />hereafter enforced, notwithstanding some or all of the indebtedness and obligations secured hereby
<br />which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, asslgn-
<br />Rent 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 />..noer affect Trustee's or Benefici~ry'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 />sh.l1 be ~ntitled to.enforce this Deed of Trust and any other security now or hereafter held by the Bene-
<br />ficiaryor Trustee in.9uch order and manner as they, or either of them, may in their absolute discretion
<br />deter.ine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be ex-
<br />.cludve of any other remedy herein or by law provided or permitted, but eacll shall be cumulative and
<br />IIh_U be in addition to e~'ery other remedy given hereunder or now or hereafter existing at la.... or in
<br />equity 0'1' cby stafute. . Every power or remedy given by any of the loan instruments to Trustee 01' 5p.ne-
<br />tlciaryot to which either of theuJ may be.otherwi"e entitled mny be exercised. concurrently or indepen-
<br />decntl)', from tl_ to time and 8B often. as 1M)' be deemed expedient by Tru3tee or Benef-Iclary, and eltl'l'r
<br />ot them !lUI)' punlUe inconsistent remediee. Nothing herein shall be construed (ii' prohibIting Beneficiary
<br />frOlll lIl1eldng B defic1encll judgment aga1 mlt Truntor to the exl ent 9uch act ion 1s pet'mitted by law.
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