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<br />S1vI'sb1d. transferred or further encumbered without the express or wrtrten consent of Beneficiary,
<br />eneficiary may, at Its sale option, declare all cults sec:tred by this ISeed o Trust to he immediately
<br />due and payable and proceed to the remedies available to it under the default provisi
<br />herein, ons contained
<br />11. Sygnts of Default. Any of the following events shall be deemed an event of default hereunder:
<br />(a) Trustor shalt have failed to make payment of any installment of Interest,
<br />principal or principal and interest or any other sums secured hereby wirer[ due;
<br />(b) There hay occurred a breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in this Deed
<br />Instrument Trust, the note or any other loan instrtent secured hereby;
<br />(c) There has been a default by the Trustor in the payment of any prior or
<br />subsequent lien or encumbrance in respect to all or any part of the property;
<br />(d) Trustor shall file a voluntary petition In bankruptcy or shall be adjudi-
<br />cated bankrupt or insolvent, or shall make an assignment for the benefit of creditors
<br />In respect to the property; or an action to enforce anv lien or encumbrance or judg-
<br />ments against the property is cOmmenced.
<br />12. Acceleration Upon Default. In the event of anv default, Beneficiary may declare all indebtedness
<br />secured heroby to 6e due and pavabie, and the same shall thereupon become due and payable without any
<br />presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may:
<br />(a) eitbvr in person or by agent, with or without bringing any action or pro-
<br />ceeding, or by receiver appointed by a court and without regard to the adequacy of
<br />any security, enter upon and take possession of the property, or anv part thereof,
<br />In its own name or In the name of the Trustee, and do any acts which It deems necessary
<br />and desirable to preserve the value, marketability or rentability of the property, or
<br />part thereof or interest therein, increase the income therefrom or protect the security
<br />hereof and, without Cdklrlg possession of the property, sue for or otherwise collect the
<br />rents, issues and profits thereof, including those past due and unpaid, and apply the
<br />same, less costs and expenses of operation and collection, including attorney fees, upon
<br />any indebtedness secured hereby, all in such order as Beneficiary may determine. The
<br />entering upon and taking possession of tite trust estate, the collection of such rents,
<br />issues and profits and application thereof as aforesaid shall not cure or waive anv de-
<br />fault or notice of default hereunder or Invalidate any act and in response to such de-
<br />fault or pursuant to such notice of default and, notwithstanding the continuance in
<br />Possession of the property or the collection, receipt and application of rents, issues
<br />or profits. Trustee or Beneficiary may be entitled to exerc.tse every right provided for
<br />in anv of the loan instruments or by law upon occurrence of any event of default, in-
<br />cluding the right to exercise the power of sale;
<br />(h) co=ence an action to foreclose this Deed of trust as a mortgage, appoint
<br />a receiver, or speclflcally enforce anv of the covenants hereof;
<br />ir) deliver to Tr.tstee a uritten declaratint: of default and demand for sale,
<br />and a written notice of default and election to ause Trustor'" intezesr In the property
<br />to be sold, which notice trustee shall cause to he dulv filed for r„cord in the •,fficial
<br />records of the county in which the property- is located.
<br />13. Foreclosure by Power of Sale. should RenefFciary elect to foreclose by exercise of the power
<br />of sale here - Y_ -'
<br />Sn contained, Bone£ tc logy shall. notify Trustee and shall depostr with Trustee this Deed of
<br />TiusC and tha Here and ouch voce 1p :.n and evidence cf expenditures made and ,-r, -ured herch*. as Trustee
<br />may require, and upon request of the Beneticlar:, [lie Tru:,tee "11,111 file for rte—rd, In the Register
<br />of heeds office In thc• County where the property " " atetl, a nuLlce of default, vetting forth the
<br />name of the Trustor, tits Book and Page or Document 'io, of thlr; Deed of :'rust as recorded in said
<br />Register of Deeds offlre, the legal descripticat of the all„ve- described real estate and that a breach
<br />Of all obligation, for which said real estate wa•t ror,veye:i as v.cuctte, has occurred, and setting forth
<br />the nature of such breach and the Tr;ntee'x elertfen t,' sell the real .-state to satl,fy the obligation;
<br />and after the lapse ,f not less that, ore (li rmntS, the trustee shall rtive written notice of the time
<br />and place of sale which may be between 9:0() nom, and 5 p.m. at the premises, or at the Courthouse In
<br />the County wherein such property is located, dearrihing the prrr-pertc to he sold by it, legal descrip-
<br />tion, said notice to be published In .1 newspaper of general clrculattnn in the Count.: wherein such
<br />property is located, once a week for five (5) consecutive weeici+, t•r,« last pabllcacion to he .'at least
<br />ten (i01 days, but not more than t %trty (30) da,s, prior to ti,e ,d;e; and the :nt•stee shall [hen sell
<br />said property at the time and place leelf,nated In the notice, it. the manner provided by law In effect
<br />at the time of filing said norfr.e, at eubLi, auction co tiro hig, :lest bidder for cash and shall deliver
<br />to such purchaser a deed to Cite property sold, cum sist"t with the /au in effect at the time.
<br />Upon receipt of the price bid, Trustee oral! deltver rc• the purchase, rru,a ee's deed Qonveving the
<br />property sold. Recitals In the Trustee's deed shall be prima fade evidence .,f the truth of the state -
<br />ments made therein. Trustee shall ;apply the proceed!: of the Yale In the following order: (a) to all
<br />reasonable costs and expenses of the sale, including but not Vomited to, Trustee's fees of not more
<br />thou - _y�=QZ of the gross. sell, prl•.e, reasonable attornev fees and !ogts of title evidence; (b) to all
<br />Sums secured by this Deed of ?rust; and ,,c1 the excess, if any, to the person it per40ns legally en-
<br />titled thereto. Anv person., 1ns :"1rtg Beneticiarv, may purrtrase vafd orrperry at std sale.
<br />The person conducting rile vale may, for anv cause he or she Ca•vms t•xprdlent, po apnnr the vale Crom
<br />time to time until it shall be comp ;.ec ed and, to ever, lout+ ,ace•, notl. of pnvti-nement ,hall he given
<br />by public declaration thereof by suet; person at the time and place last app ,)Lntrd for the sale; pro-
<br />vided, 1f the sale Is postponed for longer then one (i) ddy be,ond the date designated in the notice of
<br />sale, notice there•:£ shall ,e riven in the same manner as the iriglnat nott,e rf r,ale.
<br />14. Rested lea Sot E. luwlve. :rustee and Beneficiary, and each of them, shall i,e entitled to en-
<br />force payment and performance of r,,% Indebtrdneee of obligation secured hetehp .and to exer-clse all rights
<br />and powers under this Deed of Trust or under anv loon Instrument or .,[her agreement nr any laws now or
<br />hereafter enforced, notwithstanding some or all of the Indebtedness and gatlrnts t, urod hereby
<br />which Udv nnv ut f.ereaftrc br. of he rw t>+n seeui,•c4, wh«t!ter �,c mcrt.agr ,1.•ci .,f ! n>•.t , _
<br />meat or otherwise. Neither the acceptance of rhis i,ed of :rust nor Its er, t,) r :eme :nt,,wittUtertbv'r�ourtlgit
<br />action or pursuant to the pccrer of sale or other powers herein. .ont of nenl, "hail preludl-e or in anv
<br />mww*r effect Trustee's: ev Benefictarv's right to realize upon nr euf dnF other vr, '.fit, now or her,>
<br />alter held by Trustee ,r Betn.xf'ciarv, it being ,,;reed tit rustee and seneft, far ea,h ,E them,
<br />shall be entitled to enC,rtr t,j1: "eed Crur;t and any tl >r ,or it "e,i
<br />ficiary or Truatae In stn"h order vu !gannet as then, nr «ltho,r r.f [lira, maj heirrah t +� Id tic theel""', detsruino, tun rr..meuly herein t�,nfvrr"d t,xt •r - so[.,te ,it s,
<br />"F '+r reserved rn 1. -i�l e -r K.•rrt l;1 t.%r fs tuts tie! r„ In ex"
<br />clustve r'f any .>r Gtr rvme•air he relo ,•r hr lay pr: e 1 is .f ;,r pr rT„ • r
<br />t he to Addltlae, t: ev,.ry ntr 'ut �•' sha.i �c ur+u, at to -e and
<br />,rr rtrtxewv a,lsr❑ err, <udar -r rrarr er o� :.t Inq ;it Lew .r
<br />aquiCr of by er At utr. Pvr•r, - ,.,,rvr „r e..•aariv Zivr ar, I'..
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