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8R-105077 ~n:;~:i.~:~r:r\~: ::~:~~t~~:~:~~:r:l~~~U~u:.hI .::~::. b;r t~~t~~d c:;a;~~.~t t:.::f~~~~;UIY due and payable and proceed to the rc..diea avaU.ble to It under the default provblons containect heroin. 11. Evl!lnta of Default. Any of the following event8 ahall be deemed an event of default heruunde.. ea) Truator .hdl luIve r.Uod to un pa)'ll8llt of any tnstall_nt of intereat. principal Dr principal and intereat or any other aw.. secured hereby when due;. (b) There has occurred a breach of or default under any term, covenant, _arcement, condition, provlBion, representation or warranty containl!ld in this Deed of Trust, the note Dr any other loan Instrment secured hereby; (e) There has been. a default by the Trustor in the plllyment of ony pdor or aubaequent lien or encUllbrance in respect to all OJ;' any PQJ;'c of the property; (d) TrlJ8toJ;' shall fUe IS voluntary petition in bankruptcy or shall be adjudi- cated bankrupt or Insolvent, Dr shall make an aSIl1811Illl!l"'t for the benefit of creditors In respect to the property; or an Bctlon to enforce any lien or Bncumbrance or judg- ments against thB property 18 cOllllllenced. 12. Acceleration Upon Default. In the event of any default. Beneficiary may declare all Indebtedness s.cured hereby to be dUB and payable. and the same shall thereupon become due Bnd payable without any pr..entuent. de~d. protest or notice of ony kind. Thereafter. Beneficiary may: (a) either in person or by Bgent. with or without bringinG any action or pro- ceeding. or by receiver appointed by s court and w~.thout regard to the adequacy of any security. I!nter upon and take possession of the property. or any pBrt ttrereof. In Its own nalle or In the nme of tbe Trustee. and do any acts which it deems neceasary and desirable to preserve the value. tDarketability or rentab'ility 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 otherwiBe collect the rents. hs'ues and profits thereof. Including those past due and unpaid. and apply the same. less costa and expensea of operation and collection, including attomey fess, upon any indebtedness secur-ed hereby, all in such order 8S Beneficiary may determine. The enter1ng upon and taking possession of the trust estate. the collection of such rents. issues and profits and application thereof 88 aforesaid shall not cure or waive any de- fault or notice of default hereunder or invalidate any act and in response to such de- fault or pursuant to such notice of default and. notwithatandiug the continuance in possession of the property or the collection. t'eceipt and application of rents. issuss or profits, Trustee or Beneficiary lII8Y be entitled to exercise every right provided for In any of the loan instruments or by law upon occurrence of any event of default. in- cluding the right to exercise the power of sale; (b) COIlllDGce 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' B interest in the property to be sold. which notice Trustee shall cause to be duly fUed for record in the official records of the county in which the property is located. 13. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of the pover of ..le herein containllld. Beneficiary shall notify Trustee and shall depoait with Truatee this Deed (If Trust and the note and auch receipts and evidence of expenditures made and aecured hareby as Trustee lIlSy require. and upon request of the BeOBflciary. the Trustee shall file for record. in the ReSister of Deeds office in the County where the property is located. a notice of default. Bettins forth the naDe of the Trustor, the Book and Page or Document No. of tbis Deed of Tru8t a8 recorded in said Reg tater of Deed. office. the legal descriptlon of thl!l above-described real estate and that a breach of an oblisstlon, for which 811id real estate was conveyed as security. has occurred. and settins fOEth the nature of such breach and the Trustee's election to sell the real estate to sathty the obligation. and after the lapse of not leSD than on;a (1) month. the Trustee shall give written notice of the time and place of Bille which may be between 9:00 a.m. and 5 p.m. at the premiaes, or at the Courthouse in the County wherein such property is located, deacribing the property to be sold by Its lesa! descrip- tion. said notice to be published in a newspaper of seneral clrculation In the County wherein such property is located, once a week for fivo (5) consecutive \oleeks. the last publication to be at leuat ten (10) days, but not aon than thiny (30) day.. prior to' the sale; and the Trustee shall then .ell .alel property at the t.... and place designated in the notice. In the manner provided by law in effect at the ti_ of fUing said notice. at public auction to the hlshest bidder for cash and shall deliver to 8uch purchaaer a deed to the property sold. conalatent with the law in effect at the-time. Upon receipt of the price bid. Trustee shall deliver to the purchase. Trustee's deed conveyins the property sold. RecitalS 10 the Truatee'li deed shall be prilll8 facie evidence of the truth of the state- aenta asde therein. Trulltee ah.ll apply the proceeds of tbe sale in the follOWing order: (a) to all reaaonable coaU and e.xpenBea of the sale. including but not limited to. Trusteels fees of not IDOre tban_1 of the sross ssle price. reasonable attorney fees and costs of title evidence; (b) to 811 luaa secured by this Deed of Trustj and (c) the excess. if any. to the person or persons legally en- titled thereto. Any person. including Beneficiary. I114Y purchase said property ot said sale. The peraon conductina thlll aale maYI for-.ny cause he or she dee:lll8 expedient. postpone the sale fro. tt.e to r.1ae until It ahall be coapleted and. in every such c.... notice of postpone.nc .hall b. &lvlln by public declaration thereof by such person at the time and place last appointed for the sale: pro- vided, If the aala is poatpOPcd. fall' longer than one (1) day beyond cite date designated In the notice of ..1e. notice thereof shall be slven in the same manner a8 the original notice of ssle. lIr. &eaediea Not Exclusive. Trustee and Beneflciary. and esch of them. .hall be entitled to en- force p.,..nt and pllrfonunce of any indebtedneaa or obUgation secured het'eby and to ex;erche all r18hts and pow.r. UDder thla Deed of Truet or under any loan 1natrUlllCnt or other IIgreement or any lawe now or hereafter enforced. notwlthau.adlng so. or aU of the indebtedness and obllgat lonll ..cured herebY which..,. now at' hereafter be otherwill8 aecurcd. whether by 1Il0rtgagc. Lh.!~d of LruHt. piedge, Iten. allalgn- ..nc: or othenliae. Neither the acceptance of thl. Deed of Trust nor itll enforcement. "hether by court action or purauant to the power of aal. or other povere herein contulned. shall prejudice or tn any l18nDer .ffect Truate.'a or Beneficiaryla right to r..lue upon or enforce any uther StlC',urity now Dr here- .ttar bald by Tru.te. or BeneficIAry, it belna asreed that Trustee nnd Beneficiary. and each of thlllll. ehall be entitled to enforce this need uf Trust and any other security now or her-cafler held by the Bene- ficIary or Tru.tee In auch ord.er and ..nner aa they. or either of tla!!m. 1llDY In their abaolute discretion deteralne. No relNd)' herein conferred upon or re..rved to Trustee or Benertc.lary 1. Intended to be ex.- clualve of any other re-.edy herein or by law provided or penlltted. but each shall be cumulatlve end ahall be in additjon to eYery ather reaedy given hereunder or now or hereafter l..!xtstlns at law or 1n I!q~lt)' or b)' atatute. Every power or re.d)' lIven by any of the loan intitru.cntti to Truptee or Bone- t lelar)' or to whleh either of the. _y he at herwl.1I ent I tied -.ay be exerc itu~d I ..:uncurnml I y or Indcplln- dently, (rea. tb.e 10 tl~ and .. orten .. _)I be deeaed expedient by Tru,He... ur It...nefleillry, "lid 1"Ithcr of thea..,. puraue lneunal.tent relMldl.a. Noth1ua herein IIhall be conlilrued "I' pruhlbit InM BencrLclllrv fr~ a..klnl .. d.tlrlenc)' ,uds_nl PKalnat Trulltor to the extent .ueh lll.t lun 1,. 1,crmttl..,1 hv Inw. -,-