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88- 102390 (b) There has occuI'I'ed a breach of Dr default under any term, covenant, agreement, condition. provision, representation or warranty contained in this Ceed of Trust, the note or any other loan instrument secured hereby; (c) There has been a default by the 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 in re- spect to the property; or an action to enforce any lien or encum- brance or judgments against the property is commenced, n. 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, wi thout 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 defuult or pursuant to such notice of default and, notwithstanding the continuance in possession of the property or the collection. receipt and application of rents, is='J8s or profits, Trustee or Beneficiary may be entitled to exercise every right provided far in any of the loan instru- ments or by law upon occurence of any event of default, including the right to exercise the power of sale; (b) commence an action to foreclose this Ueed of Trust as a mortgage, appoint a receiver, or specifically enforce .:my of the covenants hereof; (c) deliver to Trustee a wri tten declaration of default and demand far sale. and a written notice of default and election to cause Trustor I s interest in the property to be sold. which notice Trustee shall cause to be duly filed for record in the official records of the county in which the property is located. 12. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of the power of sale herein contained. Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and secured hereby as Trustee may require. and upon request of the Beneficiary. the Trustee shall file for record. in the County where 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 above-described real estate and that a breach of an Obligation, for which said real estate was conveyed as security, has occurred. and setting forth the nature of such breach and the Trustee's election to sell the real estate to satisfy the obligation and shall mail copies of such notice in the manner prescribed by applicable law to Trustor and to such other persons prescribed by applicable law. After the lapse of such tiJl,9 as may be required by applicable law, the Trustee shall give written notice of the time and place of sale to the per- sons and in the manner prescribed by applicable law. describing the property to be sold by its legal description. said notir~e also to be published in Q newspGper of qeneral circulation in the County wherein such property is located. at the times ami in tho fashion requirf?d by Af1pl i.caLJle lalu; and the Trustee shall Hmn sell said prDperty at the li.me and place designated in the notice, in the nwmler prl idad by ]wu in offect at thl] Urn!:, rif fi Linq ;,ald notice. nt public duLl ion j (1 1.I1e hilllw~',t , - ...)~