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86- 109854
<br />(b) `Here has :ccu.real a oreach of or iefat.lt under any
<br />te2m, covenant, agreement, condition. provision, representation
<br />or auarrar;ty contained in tnis deed of Trust , the note or any
<br />other loan instrument sec -tired hereby;
<br />(cj 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 „f the property;
<br />(c) Trustor shall file a voluntary petitio.; in bankruptcy -
<br />or shall' sake an assignment for benefit cf creditors in..re-
<br />spect to the property; or an act+o_ t.o enforce any tier or encum-
<br />brance or ,judgrr;ants against the .roperty is commenced.
<br />__. Acceleration upon Default. In the event n{ 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 o` the property, or any part thereof, in
<br />its own name or in the name of the Trustee, and do any acts which
<br />_ _ 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 />cr otherwise colpect the rents, Issues and profits thereof. in-
<br />cluding those past due and unpaid, and apply the same, less costs
<br />and exfenses of operation anr' collection, including attorney
<br />fees, upon any indebtedness sec ::rer hereby, all in such order
<br />as Beneficiary may determine. The entering upon and taking pos-
<br />session of the tr..__ estate, the collection of such re ^ts, issues
<br />and 3rofits a:-:d -ipplication thereof as aforesaid st�- :all not r:ure
<br />or naive any default or notice of default hereunder or invalidate
<br />any act a-d response to such. default or pursuant to such notice
<br />of default ard, .; tuithstanoing the continuance in possession
<br />of the property or t`,F, co.iectirn, receipt and application of
<br />-Ent, , ssue-- yr profits, or Beneficiary may tae entitled
<br />to °:Ker'Cise :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 zne Power of sale.
<br />;b; ccrence an action, to forecLOSe this Deed of Trust
<br />as .3 mart•gag , appoint a receive., or specifically enforce any
<br />of the covenants hereof;
<br />,c)' deliver t Trustee a aritten dec'_araticn 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 'rustee shah cause to be my filed for record in the
<br />official records of the county in which the prc^ sty is located.
<br />12. =oreciosure cy paler of =ale. vhould E -n-:1 � :ry elect to foreclose by
<br />exercise of the cower of sale herein: contained, oerefi_iar•y shall notify Trustee
<br />and shall deposit with Trustee this Deed of Tr =t and *_he note and such receipts
<br />and evidence of expenditures made and secured nereby as Trustee may require, and
<br />upon request of the Beneficiary, the Trustee shall -le , Dr re=d, In the County
<br />;,here the property is located, a r;.ctice of default, se _. 'cLtn "'-•e -;ame of t,.e
<br />TIUstor, the Book and ?age or Document No. of this Dee C ~rust as recorded in the
<br />.r. our;ty, the legal description of the above - described real estate and that a breach
<br />of an obligation, for ;chic'-, said rear. estate Was con•veync a security,
<br />has
<br />and setti Y, Forth the mature of stick t:react7 a nc the Tr..steers el° io': to sell the
<br />real estate to satisfy the cb;igaticr, and shat_ mail Les s„r: lct_ce the
<br />,^tai�SzE'r pre5cr- by 3pplic.atie =at.- _.., rustur and to .,, ^ _ ., c: "=
<br />tr'y aboi'l--able 1cIW.r.' T t+lt' '1dGS•' rt ;5 "'31.,v L;'E, t£
<br />the -.,i.- written ,. of _`'e __me i•r S1,1c, aL-
<br />5'_ _ 3•
<br />,, 'd in tfT:. mama ter "e:.si 1i3• -d r _ _'3'_"e . ,"`t., i_. .t:� .. .. ter..
<br />i t : -. _ iti AAA .: ,Jn, sal Al; :-,iso t _
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