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in def~l~-=h~eq~J{~pient of any indebtedness secured hereby, or in the performsnce of any agreement hereunder. If any eVt.mt of default described hereafter 1n respect to this Deed of Trust shall have occurred and be continuing, Beneficiary, 8S a matter of right and without notice to Trustor or,anyone claiming under Trustor, and without regard to the value of the t.rust estate or the interest of the Trustor therein. shall have the right to apply to any court having juris- diction to appoint a receiver of the property, 10. Transfer of Property, If R,ll or any pnrr- of the property or any interest of Trustor therc:1n 1s Bold, transferred cr further encumbered without the express or written consent of B~~eflclary, Beneficiary may. at ltd Bole option, declare all sums secured by this Deed of Trust to be immediately due and paysble and proceed to the remedies available to it under the default provisions contained herein. 11. Events of Default. Any of the following events shall be deemed an event of default here- under, (a) Trustor shall have interest, principal or principal and interest or nny other Bums secured hereby when due; (b) There has occurred a brench of or default under any term, covenant, agreement, condition, provision. representatIon or warranty c.ontained in this Deed of Trust. the note or any other lonn lnstnunent secured hereby; (c) There has been a default by the Trustor Lo the pnyment of any prior' or subsequent lien or encumbrance 1n respect to nll or any part of the property; (d) Trus'or shall file a voluntary pet lt 10n ln bankruptcy or shall be adjudicated bankrupt or insolvent, or shall make nn llssignment for the benefit of creditors in respect to the propcrt y; or an net'Jon to enforce any lien or encumbrance or judgments against the property 1s connnenccd. 12. Acceleration Upon Default. In the event of .::mv defa.ult I Beneficiary may declare all indebtedness secured hereby to be due and payable. and the !'Ia.me shall thereupon become due and payable without uny presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may: (a) either in person or by agent, wl th or without bringing any action or proceeding, or by receiver appointed by a COllrt Lind wlthout 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 auy acts which it deems necessary and desirable to preserve the value, marketability or rentability of the property, or part thereof or interest 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 t.hereof, including those past due and unpaidt 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 eak:lnp; possession 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 entltled to exercise every right pro- vided for in any of the loan instruments or by law upon occurrence of any event of default, including the right to exercise the power of sale; (b) commence 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 writt~n 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 be duly filed for record in the official recordR of the county 1n which the property 1s located. 13. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of the power of sale herein contBined, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the note and s\~h receipts and evidence of expenditures made Bnd secured hereby as Trustee may rellulre, and upon request of the Beneficiary, the Trustee shall file for record, in the Register of !)eeds offi.ce 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 aa recorded in said Register of Deeds office, the legal description of the Bbove-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 eatate to satisfy the obligatlon; and after the lapse of not less than one (1) month, the Trustee shall give written notice of the time snd place of sale which may be between 9:00 a.m. and 5 p~m~ at the premises, or at the Courthouse in the County wherein such property is located, de- scribing the property to be sold by its legal description, said notice to be published in a news- paper of general circulat ion in the COlUlty wherein such property is located, once a week for five (5) consecutive weeks, the last publication to be at least ten (10) days, but not more than thirty (30) days, prior to the sale; and the Trustee shall then sell said property at the time snd place 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 bldder for cash and shall deliver to such purchaser a deed to the property sold. consistent with the law in effect at the time. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, Trustee's deed conveying the property sold. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein~ Trustee shl1ll apply the proceeds of the sale in the follml'ing order: (8) to all reasonable costs and expe.nses of the sale, including but not limited to, Trustee's fees of Dot more than ~ of t.he gross sale price, reasonable attorney fees and cost.s of title evid:encc; (b) to all sums secured by this Deed of Trust. and (c) the excess, if any, to the person or persons legally entitled thereto~ Any persDnt including Reneficiary, may purchase said proper.ty at said sale. The person conducting the sale may, for any cause be or she deems el.1'edient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postponement sholl be given by public declarati"" thereof by such person at the time Rnd place la9t sppolnted for the sale; provided, if thi! sale ls postpone.d for longer than one (1) day beYOlld the date deoignated in the notIce of sale, notice chereof shall be given in the same manner as the original notice of sale. lit. Remedies Not Exclusive. Trustee and Beneficiary. and each of them, shall be entitled to enfoyce payment and performance of any indebtedness or obligation secured hereby and to exerciae all rlghts and powers unde:r this Deed of trust or Wlder any loan instrument or other agreeme.nt or any--laws now ot' hereaft.er enforced, notwIthstanding some or nIl of tlle indebtedness .and obllg,l)tiollS secured hereby 'Which ma.1 nO\i ot' heteafter be othervlse secured, whether by mort Rage. deed nf t rUNt. -'1..