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87101134
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87101134
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Last modified
10/19/2011 2:57:23 AM
Creation date
3/27/2008 2:00:21 PM
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DEEDS
Inst Number
87101134
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S7, 101134 <br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of <br />default hereunder. <br />(a) Trustor shall have failed to make payment of any installment of interest, <br />principal, or principal and interest or any other sum secured hereby when due; or <br />(b) There has occurred a breach of or default under any term, covenant, <br />agreement, condition, provision, representation or warranty contained in any of the <br />Loan Instruments. <br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default <br />occur Bene iciary may declare all indebtedness s hereby to be due and payble <br />and the same shall thereupon become due and payable without any presentment, demand, <br />protest or notice of any kind. Thereafter Beneficiary may: <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 adequacy <br />of its security, enter upon and take possession of the Trust Estate, or any part <br />thereof, in its own name or in the name of Trustee, and do any acts which it deers <br />necessary or desirable to preserve the value, marketability or rentability of the <br />Trust Estate, or part thereof or interst therein, increase the income therefrom or <br />protect the security hereof and, with or without taking possession of the Trust <br />Estate, sue for or otherwise collect the rents, issues and profits thereof, including <br />those past due and unpaid, and apply the same, less costs and expenses of operation <br />and collection including attorneys' fees, upon any indebtedness secured hereby, all <br />in such order as Beneficiary may determine. The entering upon and taking possession <br />of the Trust Estate, the collection of such rents, issues and profits and the <br />application thereof as aforesaid, shall not cure or waive any default or notice of <br />default hereunder or invalidate any act done in response to such default or pursuant <br />to such notice of default and, notwithstanding the continuance in possession of the <br />Trust Estate or the collection, receipt and application of rents, issues or profits. <br />Trustee or Beneficiary shall be entitled to exercise every right provided for in any <br />of the Loan Instruments; or by law upon occurrence of any event of default, including <br />the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, or specifically enforce any of the covenants hereof; <br />(c) Deliver to Trustee a written declaration of default and demand for ssle, a <br />written notice of default and election to cause Trustor's interest in the Trust <br />Estate to be sold, which notice Trustee shall cause to be duly filed for record in <br />the appropriate Official Records of the County in which the Trust Estate is located. <br />11. FORECLOSURE BY POWER Or SALE. Should Beneficiary elect to foreclose by <br />exercise of the ower ot Sale herein contained, Beneficiary shall notify Trustee and <br />shall deposit with Trustee this Deed of Trust and the Note and such receipts and <br />evidence of expenditures made and secured hereby as Trustee may require. <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 demand <br />on Trustor, after such time as Wray then be required by law and after recordation of <br />IsM <br />LA <br />
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