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a7 --1021 66 is sold, transferred or further encumbered without the express or written consent of Beneficiary, Beneficiary may, at its sole option, declare all sums necured by this Deed of Trust to be Immediately duo and payable and proceed to the remedies available to it under the default provisions contained herein. _ I1. $Yent8 nF ITefault. Any of the following events shall be deemed an event of default hereunder: (a) Truster shall have failed to make payment of any installment of interest, principal or principal and interest or any other sums secured hereby when due;. (b) There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or warranty contained in this Dead of Trust, the note or any other loan instrument secured hereby; (c) There has been a default by the Treater in the payment of any prior or subsequent Ilan or encumbrance in respect to all or any part of the property; (d) Truster shall f'le a voluntary patition in bankruptcy or shall be adjudi- cated bankrupt or insolvent, or shall make an assignment for the benefit of creditors in respect to the property; or an action to enforce any lien or encumbrance or judg- ments against the property to commenced. 12. Acceleration -U�on Default. In tl,e event of any default, Beneficiary may declare all indebtedness secured hereby ko be due and payable, and the same shall thereupon become due and paya:l.e without any presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may: (a) either in person or by agent, with or without bringing any action or pro- ceeding, or by receiver appointed by a court and without regard to the adequacy of any security, enter upon and take possession of the property, or any part thereof, In its own name or in the name of the Trustee, and do any acts which it deems necessary and desirable to preserve the value, marketability or rentability of the property, or part thereof or interest therein, increase the income therefrom or protect the security hereof and, without taking possession of the property, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including attorney fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the trust estate, the collection of such rents, issues and profits and application thereof as aforesaid shall not cure or valve any de- fault or notice of default hereunder or Invalidate any act and In response to such de- fault or pursuant to such notice of default and, notwithstanding the continuance in possession of the property or the reflection, receipt and application of rents, issues or profits, Trustee or Beneficiary may be entitled to exercise every right provided for in any of the loan Instruments or by law upon occurrence of any event of default, in- cluding the right to exercise the power of sale; (b) commence an action to foreclose this Deed of Trust as a mortgage, appoint it receiver, or specifically enforce any of the covenants hereof; (c) deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's Interest in the property to be sold, which notice Trustee shall cause to be duly filed for record in the official records of the county in which the property is located. 13. Foreclosures Power of Sale. Should Bermficfary elect to foreclose by exercise of the power of sale herein contained. Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and secured hereby as Trustee may require, and upon request of the becxficiarv, the Trustee shall file for record, in the Register of Deeds office in the County where the property is located, a notice of default, setting forth the name of the Truster, the Book and Page or Document No. of this heed of Trust as recorded in said Register of Deeds office, the legal description of the above - described real estate and that a breach of an obligation, for which said real estate was conveyed as security, has occurred, and setting forth the nature of such breach and she Trustee's election to sell the real estate to satisfy the obligation; and after the lapse of not less char. one (1) month, the Trustee shall give written notice of the time and place of sale which may be between. 9:00 a.m. and 5 p.m. at the premises, or at the Courthouse in the County wherein such property is located, describing the property to be sold by its legal descrip- tfon, said notice to be published in a newspaper of general circulation In the County wherein such property is located, once a week for five (5) consecutive weeks, the last publication to be at least ton (10) days, but not more than thirty (30) days, prior to the sale; and the Trustee shall then sell said property at the time and place designated in ti:e notice, in the manner provided by law in effect at the time of filing said notice, at public auction to the highest bidder for cash and shall deliver to such purchaser a deed to the property sold, consistent with the law in effect at the time. Upon receipt of the price bid. Trustee shall deliver to the purchase, Trustee's deed conveying the property sold. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the state- ments made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costa and expenses of the sale, including but not limited to, Trustee's fees of not more theft X of the gross sale price, reasonable attorney fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally en- titled thereto. Any person, iucluding Beneficiary, may Purchase said property at said sale. The person conducting the sale may, for any cause he it she deems expedient. postpone the sale from tip to time until it shall be completed and, in every such case, notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the ::ale; pro- vided, If the sale is postponed for longer than one (1) day beyond the date designated in the notice of sale, notice thereof shall be given In the same manner as the original notice of sale. 16. Remedies Rot Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to en- force payment and performtance of any indebtedness or obligation secured hereby and to exercise all rights and powers reader this Deed of Trust or under any loan instrument or other agreement or any laws now or hereafter enforced, notwithstanding Rome or all of the indebtedness and obligations secured hereby which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge. Iten, assign - t or otherwise. Neither that acceptance of title Deed of 'frost nor Its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall pre)udice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or here- after held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any <)that security now or hereafter held by the Bese- fic.iary or Trustee In such order and manner as they, or either of them, may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneflclary is Intended to he ex- clusivar of any other ramedy herein At by law provided or permitted, but each shall he c.,aaulative and shall be in Addition to every other remedy given hereunder or now or hereafter extsttttg at law or in Nulty cat 1'ry statute. Aver? Power or remedy given h1•o any of the loan instrumo:tr+ to Trustee of Bene... fi €fart ar tea wbt,h either of ti:em slay be at.hetwiae entitled "p be excr,•ised, c<ncurrentiv cy' indepeo.. deottt. frcft tip C. 10W and ss wften as may be deemed expedient t•y rru +tar or Beneficiary, and either of t5 y trursua Ill— n,alot0ty re thew. Nothing heroin shall !,c^ eanstrwaf :ax prchiblltng Banrficle, tr; smekfeeg, 4 dmftrtanze J,ideilsrmt agaf st 1 "ruetor tc+ the .. xEe r a,� arrf,.1, 1, ;a•rmitred by law.