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{\ 88~ 102172 (b) There .has occurred a breach of or default under ..ny term, covenant. agreement" condition. provision, representation or warrant.ycontalned in this Deed of Trust.. the note or any other loan inst.rument secured hereby; (c) There has been a default by t.he Trustor in the payment of any prior or subsequent line or encumbrance in respect to all or any part of the property; (c) ,Trustor shall file a voluntary petition in bankruptcy or- shall make an assignment for the benefit of creditors ,il1 re- spect to the property; or an action to enforce any lien or encum- brance or judgments against the property is commenced. 11.. Acceleration Upon Default. In the event, of any default. BenefiCiary may declare all indebtedness secured hereby to be due and payable. and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter. Beneficiary may:' - (a) either in person or by agent, with or without bringing any action or proceeding, or by receiver appointed by a court and without regard to the adequacy .of any security. enter upon and take possession of the property. or any part thereof. in its own name or in the name of the Trustee, and do any acts which it deems necessary and desirable to preserve the value. market- ability or rentability of the property, or part thereof or inter- est therein, increase the income therefrom or protect the security hereof and. without taking possession of the property, sue for or otherwise collect the rents. issues and profits thereof, in- cluding those past due and unpaid, and apply the same. less costs and expenses of operation and collection. including attorney fees. upon any indebtedness secured hereby. all in such order as Beneficiary may determine. The entering upon and taking pos- session of the trust estate. the collection of such rents. issues and profits and application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act and in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the property or the collection, receipt and application of rents, issues or profits. Trustee or Beneficiary may be entitled to exercise evefY right provided for in any of the loan instru- ments or bylaw upon occurence of any event of default, including the right to exercise the pOllJer of sale; (b) cOlllllence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver. or specifically enforce any of the covenants hereof; (c) deliver to Trustee a written declaration of default and demand for sale. and a written notice of default and election to cause Trustor's interest in the property to be sold. which notice Trustee shall cause to ba duly fUed for record in the official records of the county fn which the property is located. 12. Foreclosure bv Power of Sale. Should Beneficiary elect to foreclose by 8l1ercise of the polIIer of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trust.ee t.his Del3d of Trust. and t.he not.e and such receipts and evidence of ellpenditures made and secured hereby as Trustee may require, and upon request of the Beneficiary. the Trustee shall file for record, in the County lIIhere the property is located, a notice of default, setting forth the name of the Trustor, the Book and Page or Document No. of this Deed of Trust as recorded in the County, the legal description of the abpve-described real estate and that a breach of en obligation, for which said real estate lIlas conveyed as security. has occurred. and Betting forth the natura of such breach and the Trustee's election to sell the real e.tateto satisfy the obligation and shall mail copies of such notice in the manner prescribed by epplicable law to Trustor end to such other persons prescribed by applicable 1l1li. After the lapse of' such time as may be required by applicable 1ew. the Trustee shall give written notice of the time and place of sele to the per- Bons and in the manner prescribed by applicable law, describing the property to be sold by its legal description, said notice also to be pUblished in a nBIIIspaper of general circuletion in the Count.y wherein such property is located. at the times and In the fashion required by epplicable lawJ and the Trustee shall then sell said property at tha time and piece designated in the notice, in the manner provided by law in effect at the time of filing said notice, at public auction to' the highest - 3~