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<br />in default with respect to payment of any indebtedness secured hereby, or in the performance of
<br />any agreement hereunder. if any event of default described hereafter in respect to rhis Wad of
<br />Trot v l� @ re occurred and he continuing. Beneficiary, as a matter of right and without notice
<br />to Trill er env claiming under Truster, and without regard to the value of the truat estate
<br />or the interest of the Truator therein, shall have the right to apply to any court having juris-
<br />dictiO" to appoint a receiver of the property,
<br />10. F t oaf PrRPIMp, if all or any part of Cho property or any interest of Truster
<br />thervin is sold, tr'arisferred or further encumbered without the express or written consent of
<br />be Beneficiary, Beneficiary Y, at its $ole option, declare all sums secured by this Dead of Trust
<br />to be diately due and payable and proceed to the radios available to it under the default
<br />previsis contained iterate.
<br />11. Rvtf_ of l>tf�aalt. Any of the followfnlg
<br />under: events shall be deemed an avant of default here-
<br />(a) Truator shall have
<br />interest. principal or principal and interest or any other sums secured
<br />hereby when due;
<br />(G) There has occurred a breach of or default tanner any term, covenant,
<br />agreement, condition, provision, repro son tat ion or warranty contained in this
<br />Deed of Trust., the note or any other luau instrument secured hereby;
<br />(c) There has been a default by the Truator in Cho payment of any prior
<br />or subsequent lien or encumbrance: in respect to all or any part of the property;
<br />(d) Truator shall file a voluntary petition in bankruptcy or shall be
<br />adjudicated bankrupt or insolvent, or stall make an assignment for the benefit
<br />of creditors In respect to the property; or an action to enforce any lien or
<br />encumbrance or Judgments against the property Is commenced.
<br />12. :tccelc�ratlon_,t )on Ikfault. in the cat any default, Heaaeficlary may declare all
<br />indr!btednes •secured hereby to be due and payable., and the ,same shall. thereupon become due and
<br />Payable without any presentment, demand, protest or notice. of anv kind. Thereafter, Beneficfary
<br />may:
<br />(a) either in person nr by agent, with er without bringing any action or
<br />proceeding, or by receiver appointed by a court and without regard to the adequacy
<br />of any security, enter upon and take possession of the property, or any part thereof.
<br />!n Its own name or in the ease c, f' the
<br />Trustee, and do any acts which it deems necessary
<br />and desirable to preserve the value, marketablitty er rentability of the property, or
<br />part thereof or interest therein, increase the incore therefrom or protect the security
<br />hereof autd, without taking of the property. sale for or otherwise collect
<br />the rents, tissues and profits thereof, including those past due and unpaid, and apply
<br />the saw, less costar and expenses of operation and collection, including attorney fees,
<br />upon any Indebtedness secured hereby, all Ion such order as Beneficiary may determine.
<br />The entering; upon died taking possession of the trust estate, the collection of such
<br />rent", issues and profits and application thereof as aforesaid shall not cure or waive
<br />any default or notice of default hereunder or invalidate any act and in response to
<br />such default or pursuant to such notice of default and, notwithstanding the continuance
<br />in possession of the property or tine collection, receipt and application of rents,
<br />issues or profits. Trustee or Beneficiary nay be entitled to exercise every right pro-
<br />vided for In any cf tile. loan Instruments or by law upon occurrence of any event of
<br />default, including the right to exercise the power of sale;
<br />(b) c ice an actlon to forec•losae rhig Dead of Trust as a mortgage. appoint a
<br />receiver. or spiecificalty enforce any of the covenants hereof;
<br />(c) deliver to Trustee :a written •Jeclaratton of default and demand for sale, and
<br />a written notice :±f defaaalt acid eltctlnn to cause Truster's interest in the property to
<br />be sold, which notice rraaastea .%cash cause to be duly filed for record in the official
<br />records of tide county in which the property is located.
<br />E3. Foreclosure by Power of Sale, 5hoc.ld Heneficiar;, elect to foreclose by exercise of the
<br />isrt?eedsnfeTrgustiarsdo aalneed, Ben ficiary shall notify Trustee and shall deposit with Trustee
<br />t e note and such rc(OlPtl and evidence of expenditures made and secured
<br />hereby as Trustee sea rclrafr and :, s, ro,,; ;u f tl.e Heneficfarv, the Trustee shall file for
<br />record, In the Ragirocer c,: Dceda off : lax ire 'tense *..} where the ProPeTty 1s located, a notice of
<br />default, setting forth the nano of tiie Truator, the Hook and Page or Document No, of this Deed of
<br />Trust as recorded in said Register of deeds office. the legal description of the above - described
<br />real estate and that a breach of an obligation, for which said real estate was conveyed as security,
<br />has occurred, and setting fort[' the nature of such breach and the Trustee's election to se11 ttia
<br />real. estate to satisfy the obiigaticm; and after the lapse: of not less crass one (1) tenth, that
<br />Trustee shall give written series of tree ti and Place of sale which MY he between 9:00 a.m. and
<br />s ribs at the property t or at the Court'houne in the Count" wherein such property is located, de-
<br />scribing the property to be sold by Iota legal description, said notice to be Published in a news -
<br />Paper of general clrculaticsn in the Count-, wherein such property in located, once a week for five
<br />(5) consecutive weeks. the last publication co be at least ten (10) days, but not more than thirty
<br />esi days, Prior to the Baia; and the Trustee 'hall three sell, said property at the time and place
<br />designated in the ❑otire, La the manner provided by law In effect at the time of filing said notice,
<br />at public auction to the highewr kidder for cash and shall deliver to such purchaser a deed to the
<br />property said, consistee, with the law in effect at tiro time.
<br />Upon recelPt of Payment of the price *bid, Trustee shall deliver to the purchaser, Trustee's
<br />dead conveying the property sold. Recitals In the Trustee 'b deed shall be
<br />of the truth of ttae statements made therein. Trustee shall apply t} primes facie evidence
<br />following order: (a) to all. ressonnble costs and expenses of the salel,rinrluding bust nctf�llmlta4d in the
<br />to, Trustee's fees of trot more than 2,0 X of tl� ttroas seals price, reasonable attorney Emit
<br />naul
<br />treats of title evfdazzte; (G) to-ill- sa...__ secured by this deed of Trust; and (c) the excess, if
<br />y, to the person or petaona legally entitled thereto. An
<br />c e said Property at said sale. Y person, inc.luding Henefir.lar,v, may
<br />The pester coeducting the Bala may, for any cause tae or she '100910 exPedfeot, Postpone the sale
<br />fr t: to time until it shall be completed and, in every such case. notice if postponement shall
<br />ItIvan by public declaration thereof by skwh pefflen .se the time and place last, appointed for the
<br />log priiv!Aod, if the &ale Is post- passed for longer than care (1) day beyond the date designated in
<br />t notice of male, notice thereof BIAll be given In the same maaninor cos the original norlce of gals.
<br />14. R ffifea girt fx,:Iuaive. trustee and Benefic:i.ary, d each oaf them, giwail he antlt.led tee
<br />_..
<br />fors r d Perf, race r +f anY 1nd01taditess or <,1,19itattun sac:rared hereby and to exercise
<br />elk riafits "std Power% eard*r this lived of Trust rr 'alder any leer, ln,etrumicut r,r ,.,t :hp, ,agreement. or
<br />-y laws sac rs hereafter snfor,,sd. notwi.thmtaoiling ivw, or all A tta Isad,.hivdnwse ,ant obligations
<br />aastgd rshy w Ich may now nr herceaffsr toe utPaerwlsae ver. :eared, v:^t.�firsr i:•: iau,rtgahe*, ,load it truant,
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