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<br />200702468
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<br />(b) Trustor shall perform any act in bankruptcy; or
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<br />(c) a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed
<br />against Trustor seeking any reorganization, dissolution or similar relief under any present or future federal, state or
<br />other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment
<br />or decree shall remain unvacated and un stayed for an aggregate of sixty (60) days (whether or not consecutive) from
<br />the first date of entry thereof; or any trustee, receiver or liquidator or Trustor or of all or any part of the Trust Estate, or
<br />of any or a\l of the royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or
<br />acquiescence of Trustor and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days
<br />(whether or not consecutive); or
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<br />(d) a writ of execution or attachment of any similar process shall be entered against Trustor which shall
<br />become a lien on the Trust Estate or any portion thereof or interest therein and such execution, attachment or similar
<br />process of judgment is not released, bonded, satisfied, vacated or stayed within sixty (60) days after its entry or levy; or
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<br />(e) there has occurred a breach of or default under any term, covenant, agreement, condition,
<br />provision, representation or warranty contained in the First Deed of Trust or any prior deed of trust or mortgage
<br />affecting the Trust Estate.
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<br />10. Acceleration upon Defaulti Additional Remedies. If an event of default occurs, Beneficiary may declare the
<br />Indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any
<br />presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may:
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<br />(i) either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust
<br />Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or
<br />desirable to preserve the value, marketability or rentability of the Trust Estate, or part thereof or interest therein,
<br />increase the income therefrom or protect the security hereof and, with or without taking possession of the Trust Estate,
<br />sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the
<br />same, less costs and expenses of operation and collection including attorneys' fees, upon any indebtedness secured
<br />hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the Trust Estate,
<br />the collection of such rents, issues and profits and the application thereof as aforesaid shall not cure or waive any
<br />default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice
<br />of default and, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and
<br />application of rents, issues or profits, Trustee or Beneficiary shall been entitled to exercise every right provided for in
<br />any of the Loan Instruments or by law upon occurrence of any event of default, including the right to exercise the
<br />power of sale;
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<br />(ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or
<br />specifically enforce any ofthe covenants hereof;
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<br />(iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of
<br />default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly
<br />filed for record in the appropriate offices of the County in which the Trust Estate is located; or
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<br />(iv) exercise such other rights or remedies at law or in equity.
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<br />II. Foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein
<br />contained, Beneficiary shall notifY Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the
<br />Indebtedness and such receipts 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 recorded, published and
<br />delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of
<br />Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after recordation
<br />of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time
<br />and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee
<br />shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful
<br />money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its
<br />good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or
<br />implied. The recitals in such deed of any mallers or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee or Beneficiary, may purchase at such sale.
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<br />16- 34
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<br />NIFA MRB/Form G
<br />(10/06)
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<br />4827-8093-9776.8
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