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w <br />(b) There has occurred a breach of or default under any <br />term, covenant, agreement, condition, provision, representation <br />or warranty contained in this Deed of Trust, the note or any <br />other loan instrument secured hereby; <br />(c) There has been a default by the Trustor in the payment <br />of any prior or subsequent line or encumbrance in respect to <br />all or any part of the property; <br />(c) Trustor shall file a voluntary petition in bankruptcy <br />or shall make an assignment for the benefit of creditors in re- <br />spect to the property; or an action to enforce any lien or encum- <br />brance or judgments against the property is commenced. <br />11. Acceleration Upon Default. In the event of any default, Beneficiary may <br />declare all indebtedness secured hereby to be due and payable, and the same shall <br />thereupon become due and payable without any presentment, demand,protest or notice <br />of any kind. Thereafter, Beneficiary may: <br />(a) either in person or by agent, with or without bringing <br />any action or proceeding, or by receiver appointed by a court <br />and without regard to the adequacy of any security, enter upon <br />and take possession of the property, or any part thereof, in <br />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, market- <br />ability or rentability of the property, or part thereof or inter- <br />est therein, increase the income therefrom or protect the security <br />hereof and, without taking possession of the property, sue for <br />or otherwise collect the rents, issues and profits thereof, in- <br />cluding those past due and unpaid, and apply the same, less costs <br />and expenses of operation and collection, including attorney <br />fees, upon any indebtedness secured hereby, all in such order <br />as Beneficiary may determine. The entering upon and taking pos- <br />session of the trust estate, the collection of such rents, issues <br />and profits and application thereof as aforesaid shall not cure <br />or waive any default or notice of default hereunder or invalidate <br />any act and in response to such default or pursuant to such notice <br />of default and, notwithstanding the continuance in possession <br />of the property or the collection, receipt and application of <br />rents, issues or profits, Trustee or Beneficiary may be entitled <br />to exercise every right provided for in any of the loan instru- <br />ments or by law upon occurence 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 <br />as a mortgage, appoint a receiver, or specifically enforce any <br />of the covenants hereof; <br />(c) deliver to Trustee a written declaration of default <br />and demand for sale, and a written notice of default and election <br />to cause Trustor's interest in the property to be sold, which <br />notice Trustee shall cause to be duly filed for record in the <br />official records of the county in which the property is located. <br />12. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by <br />exercise of the power of sale herein contained, Beneficiary shall notify Trustee <br />and shall deposit with Trustee this Deed of Trust and the note and such receipts <br />and evidence of expenditures made and secured hereby as Trustee may require, and <br />upon request of the Beneficiary, the Trustee shall file for record, in the County <br />where the property is located, a notice of default, setting forth the name of the <br />Trustor, the Book and Page or Document No. of this Deed of Trust as recorded in the <br />County, the legal description of the above - described real estate and that a breach <br />of an obligation, for which said real estate was conveyed as security, has occurred, <br />and setting forth the nature of such breach and the Trustee's election to sell the <br />real estate to satisfy the obligation and shall mail copies of such notice in the <br />manner prescribed by applicable law to Trustor and to such other persons prescribed <br />by applicable law. After the lapse of such time as may be required by applicable <br />law, the Trustee shall give written notice of the time and place of sale to the per - <br />.sons and in the mariner prescribed by applicable law, describinca the property to be <br />:gold by its legal description, said notice also to be. published in a newspaper of <br />general circulation in the County wherein such rroperty is located, at the times <br />and in the fashion required by applicable law; and the Trustor, shall them sell said <br />property at the time and place designated in the notice, in Clue manner provided by <br />law in effect at the tinge of fll.ing said notice, at rrublic .00i0n to thO t,iraluat. <br />M <br />r° <br />r, <br />