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<br />200710413
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<br />10. Acceleration upon Default; Additional Remedies. If an event of default
<br />occurs, Beneficiary may declare the Indebtedness secured hereby to be due and payable and the
<br />same shall thereupon become due and payable without any presentment, demand, protest or
<br />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
<br />proceeding, or by a receiver appointed by a court and without regard to the adequacy of
<br />its security, enter upon and take possession of the Trust Estate, or any part thereof, in its
<br />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
<br />thereof or interest therein, increase the income therefrom or protect the security hereof
<br />and, with or without taking possession of the Trust Estate, sue for or otherwise collect the
<br />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,
<br />upon any indebtedness secured hereby, all in such order as Beneficiary may determine.
<br />The entering upon and taking possession of the Trust Estate, the collection of such rents,
<br />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
<br />default or pursuant to such notice of default and, notwithstanding the continuance in
<br />possession of the Trust Estate or the collection, receipt and application of rents, issues or
<br />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
<br />the right to exercise the power of sale;
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<br />(ii) commence 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 />(iii) deliver to Trustee a written declaration of default and demand for sale
<br />and a written notice of default and election to cause Trustor's interest in the Trust Estate
<br />to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate
<br />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 />11. Foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of
<br />the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with
<br />Trustee this Second Deed of Trust and any note evidencing the Indebtedness 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 Sale as
<br />then required by law and by this Second Deed of Trust. Trustee shall, without demand
<br />on Trustor, after such time as may then be required by law and after recordation of such
<br />Notice of Default and after Notice of Sale having been given as required by law, sell the
<br />Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a
<br />whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in
<br />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
<br />purchaser or purchasers thereof its good and sufficient deed or deeds conveying the
<br />property 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 truthfulness thereof.
<br />Any person, including without limitation Trustor, Trustee or Beneficiary, may purchase at
<br />such sale.
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<br />(b) As may be permitted by law, after deducting all costs, fees and expenses
<br />of Trustee and of this Trust, including costs of evidence of title in connection with sale,
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