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(a) either in person or by agen!:, with' or without bringing <br />any action or proceeding, <br />eeding, or by reeiver appointed .6y a court <br />and without 'regard to the- adequacy of any security,,• enter upon <br />and take possession of the property, or any 'part thereof, in <br />its own name or in the name of the Trustee, and do any. acts which <br />it deems necessary and desirable' to preserve the .vaiue, market- - <br />abiiity or rentability of the property, or.part thereof= inter- <br />est therein, increase the income therefrom or: protect the security <br />hereof and, without taking po�.;session of.-'. the property, sue for <br />or othrriijise collect the rents, issues arid, profits. thereof, in- <br />cl�!d?nn those past due and Lfn:;? ?' -d, and appi'y the same less.r-osts <br />and expenses of opt-ration ,:and. : collectrp n attorney <br />fees, upon any indebtedness _ securOd He'rAy, all'-in ; -`such order <br />as Beneficiary may determine. The enter r•,.�l upoQ . and.':,: ,taking pos- <br />session of the trust estate, the collerr.tibr. of such, issues <br />and profits and application thereof F_�s'. foresai.6 shall not cure <br />or waive any default or notice of default hereunder or invalidate <br />any act and in response_. to such r'efaul` or pursi•ant to such notice <br />of default and, notwithstanding the. continuranoe in possession <br />of the property or, the collection, receipt and application of <br />rents, issues 'or profits, Trustee or Beneficiary may...be entitled <br />to exercise' every right provided for 'in any of the.,1,9an instru- <br />ments or by law upon occurence of any event-of defay-lt, including <br />the right to exercise the power-of sale; al <br />(b) commence an action to foreclose this Geed of Trust <br />as a mortilage; appoint a receiver,' or specifically enforce any <br />of the covenants hereof; <br />(c) deliver to Trustee a written declaration of default <br />and demand for sale, and a written no -.ice of default and election <br />to cause Trustnr's interest in the property to be sold, which <br />notice Trustee shall cause to be duly filed for record in the <br />official records of Lhe county in which the. - property is located. <br />12. Foreclosure b Power of'5ale. Should BQnefi,cia y elect to Foreclose by <br />exercise of the power of sale herein contained, Benefici;�ry shall notify Trustee <br />arid shall deposit with Trustee this Deed of Trust and .the note and such receipts <br />and evidence of expenditures ,made and secured hereby as Trustee may require, and <br />upon request of the Beripficiary, the, Trustee shall file for record, in the County <br />where the property is located, a notice of default, setting forth the name of the <br />Trustor, the Book and' Page or Document No' of this Deed of Trust as recorded in the <br />County, 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, <br />and setting forth the nature of such breach and the Trustee's election to sell the <br />real estate to satisfy the obligation and shall mail copiFs of such notice in the <br />manner prescribed by arr_icable law to 1ru:stor and to such othbr persons prescribed <br />by applicable l.eiw. After the lapse of such time as may be required by applicable <br />law, the Trustee shall give written notice of the: time, and plane of sale to the per - <br />son= and in the m3oner prescribed by applicable dew, describing the property to be <br />sold by its 1_egal description, said notice also t:) be published if-i a newspaper of <br />general circulation in the County wherein such Or;a,erty is located, at the times <br />and in the fashions required by applicable law; anti the Trustee shall then sell said <br />property at the time and plat a designa .ed in thp� notice, in trio manner provided by <br />law in effect at the time of filin: -:id not ice, .it publ c auction, to V)e hiohest <br />