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<br />88- 10~9Q9
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<br />of dsfaul thereunder:
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<br />(a) Trustor shall have failed to make payment of any installment of
<br />interest, principal, or principal and interest or any other sum secured bereby
<br />when due~ or~
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<br />(b) There has occurred a breach of default under any term, covenant,
<br />agreement, condition, provision, representation, or warranty contained in thiG
<br />Deed of Trust or any of the Loan Instruments.
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<br />10. ACCIlLERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of
<br />default occur, Beneficiary may declare all indebtedness secured hereby to be due
<br />and payable, and the same shall thereupon become due and payable wi~out any
<br />presentment, demand, protest, of notice of any kind. Thereafter the Beneficiary
<br />may:
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<br />(a) Either in person or by agent, with or without bringing any action or
<br />proceeding, or by a receiver appointed by a Court and without regard to the
<br />adequacy of its security, enter upon and take possession of the Trust Estate, or
<br />any part thereof, in its own name or in the name of Trustee, and do any acts
<br />which it deems necessary or desirable to preserve the value, marketability or
<br />rentability of the Trust Estate, or part thereof or interest therein, increase
<br />the income therefrom or protect the security hereof, and with or without taking
<br />possession of the Trust Estate, sue for or otherwise collect the rents, issues
<br />and prof its thereof, including those past due and unpaid, and apply the same,
<br />less costs and expenses of operation and collection, including attorney's fees,
<br />upon any indebtedness secured hereby, all in such order as Beneficiary may
<br />determine. The entering upon and taking possession of the Trust Estate, the
<br />collection of such rents, issues and profits and the application thereof as
<br />aforesaid, shall not cure or waive any default or notice of default hereunder or
<br />invalidate any act done in response to such default or pursuant to such notice of
<br />default and, notwithstanding the continuance in possession of the Trust Estate or
<br />the collection, receipt and application of rents, issues or profits, Trustee or
<br />Beneficiary shall be entitled to exercise every right provided for in any of the
<br />Loan Instruments or by law upon occurrence of any event of default, including the
<br />right to exercise the power of sale;
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<br />(b) Commen=e an action to foreclose this Deed of Trust as a mortgage,
<br />appoint a receiver, or specifically enforce any of the covenants hereof;
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<br />(c) Deliver to Trustee a written declaration of default and demand for
<br />sale, and a written notice of default and election to cause Trustor's interest in
<br />the Trust Estate to be sold, which notice Trustee shall cause to be duly filed
<br />for record in the appropriate Official Records of the COunty in which the Trust
<br />Estate is located~
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<br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by
<br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee
<br />and 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~
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<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be
<br />recorded, published and delivered to Trustor such Notice of Default and Notice of
<br />Sale as then required by law and by this Deed of Trust. Trustee shall, without
<br />demand on Trustor, after such time,as may then be required by law and after
<br />recordation of such Notice of Default and after Notice of Sale having been given
<br />as required by law, sell the Trust Estate at the time and place of sale fixed by
<br />it in such Notice of Sale, either as a whole, or in separate lots or parcels or
<br />items as Trustee shall deem expedient, and in such order as it may determine, at
<br />public auction to the highest bidder for cash, in lawful money of the United
<br />states, payable at the time of sale. Trustee shall deliver to such purchaser or
<br />purchasers thereof, its good and sufficient deed or deeds, conveying the property
<br />so sold, but without any covenant or warranty, express or implied. The recitals
<br />in such deed of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. Any person, incluping, without limitation, Trustor,
<br />Trustee, and Beneficiary, may purchase at such sale, and Trustor hereby covenants
<br />to warrant and defend the title of such purchaser or purchasers.
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<br />(b) As may be permitted by law, after deducting all costs, fees, expenses
<br />of Trustee and of this Trust, including costs of evidence of title in connection
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