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<br />, . <br /> <br />200710571 <br /> <br />10. Transfer of Property. If all or any part ofthe Property or any interest of Trustor <br />therein is sold, transferred or further encumbered without the express or written consent of <br />Beneficiary, Beneficiary may, at its sole option, declare all sums secured by this Deed of Trust to <br />be immediately due and payable and proceed to the remedies available to it under the default <br />provisions contained herein. <br /> <br />11. Events of Default. Any of the following events shall be deemed an event of <br />default hereunder: <br /> <br />(a) Trustor shall have failed to make payment or any installment of interest, <br />principal or principal and interest or any other sums secured hereby when due; <br /> <br />(b) There has occurred a breach of or default under any term, covenant, <br />agreement, condition, provision, representation or warranty contained in this Deed of <br />Trust, the note or any other loan instrument secured hereby; <br /> <br />(c) There has been a default by the Trustor in the payment of any prior or <br />subsequent lien or encumbrance in respect to all or any part of the Property; <br /> <br />(d) Trustor shall file a voluntary petition in bankruptcy or shall be adjudicated <br />bankrupt or insolvent, or shall make an assignment for the benefit of creditors in respect <br />to the Property; or an action to enforce any lien or encumbrance or judgments against the <br />Property is commenced. <br /> <br />12. Acceleration Upon Default. In the event of any default, Beneficiary may declare <br />all indebtedness secured hereby to be due and payable, and the same shall thereupon become due <br />and payable without any presentment, demand, protest or notice of any kind. Thereafter, <br />Beneficiary may: <br /> <br />(a) either in person or by agent, with or without bringing any action or <br />proceeding, or by receiver appointed by a court and without regard to the <br />adequacy of any security, enter upon and take possession ofthe Property, or any <br />part thereof, in its own name or in the name of the Trustee, and do any acts which <br />it deems necessary and desirable to preserve the value, marketability or rentability <br />of the Property, or part thereof or interest therein, increase the income therefrom <br />or protect the security hereof, and, without taking possession ofthe Property, sue <br />for or otherwise collect the rents, issues and profits thereof, including those past <br />due and unpaid, and apply the same, less costs and expenses of operation and <br />collection, including attorney fees, upon any indebtedness secured hereby, all in <br />such order as Beneficiary may determine. The entering upon and taking <br />possession of the trust estate, the collection of such rents, issues and profits and <br />application thereof as aforesaid shall not cure or waive any default or notice of <br />default hereunder or invalidate any act and in response to such default or pursuant <br />to such notice of default and, notwithstanding the continuance in possession of the <br />Property or the collection, receipt and application of rents, issues or profits, Trus- <br />tee or Beneficiary may be entitled to exercise every right provided for in any of <br />the loan instruments or by law upon occurrence of any event of default, including <br />the right to exercise the power of sale; <br /> <br />(b) commence on action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or specitically enforce any of the covenants hereof; <br /> <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 the <br />Property to be sold, which notice Trustee shall cause to be duly filed for record in <br />the official records of the county in which the Property is located. <br /> <br />13. Foreclosure bv Power of Sale. Should Beneficiary elect to foreclose by exercise <br />of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with <br />Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and <br />secured hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall file <br />for record, in the Register of Deeds office in the County where the Property is located, a notice <br /> <br />3 <br />