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85-** 1049 -54 <br />(b) There has occurred a breach of or default under any <br />-- :.term, covenant," agree, co±id2tii)n f. -. provi9iGiI 'rep re tat un - <br />or warranty contained in this Geed of Trust, the rote 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 />fa. 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 encinn- <br />brance or judgments against the property is canw* sced. <br />11. Acceleration goon Default. in the event df any default, Beneficiary may <br />declare all indebtedness secured hereby to, be due' and payable, - and the sari .shall <br />thereupon become due and payable without any presentiment, demanc., protest or notice <br />of aoykind. 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 cart <br />and without regard, to the adequacy of any security, enter upon <br />and take possession of the property, ar any. part thereof; <br />ri ' <br />its own name or in the smite, cf the Trustee; and do any ;acts Adhich <br />it deems necessary and desirable to, preserve the value, noxket- <br />ability or rentability of the property, or part. thereof or in <br />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, ist- <br />cluding those past due and unpaid, and apply the same, less costs <br />and expenses of operation and collection, xrcludiag a4tdrrey <br />fees, upon any indebtedness secured hereby, all in such carder <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' care <br />or waive any default''er 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 rn possessi : <br />of the property or the collection, receipt and application n <br />-rents, issues or profits, -Trustee or 9eneficiary may to entitled <br />to exercise' every right _provided- for Irt any of the s'pa'n instru- <br />nents 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 Geed" 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 u�hd_-h <br />notice Trustee shall cause to be duly filed for record in the <br />official records of the county in which the piaper'r, is located. <br />12. Foreclosure by Power of Sale. Shoul SeneTicizIry elect to fn —ec .cse oy <br />exercise of the power of sale - herein cointlain -d., Ba nef?ciar sha` - t;.^�t.i °s "IUStee - and shall deposit with Trustee this weed of Trust and _, ,_ <br />_ <br />-y- <br />rate and such receipts <br />and evidence of expenditures made and secured heree rz T :�stee_ iikay _ eq e-,_ and <br />upon request of the Beneficiary- thR Trustee sh r, � fti: rcl, Courity <br />} <br />where the property is located, a Notice default, setting fo,th }he�naime cf ttie <br />Trustor, the Book and Page or Document . No. of this decd of 'rust as recorded in the <br />County, the legal description of the above- described real3 estate and ttiat a breach <br />of an obligation, for which said real estate ,aas conveyed as security, has occurred, <br />and setting forth the nature of such breach an, the Trustee's election to still the. <br />real estate to• satisfy the obligation and 5hal1 nail copies ,,f such notice in the <br />manner prescribed by applicable iow to Trustor an,-.1 to oac:h ntf-er ,xe� sums, arc cFw to <br />by applicable law. After the lap=s A such time as ma;r be required by app a iµ <br />law, the Trustee Shall gi' +ve written notice of t c yjrn ar, «, `� C* ` cl F>' i- - <br />sons and in the manner Prescribed by applicabi.e laaa, dew: <Y. rte, tte r. o;;t t4 t,. to <br />sold by its legal ijesrripta n, said ntl:e alilta iU i iA €hi..,.,aed in k, <br />general circulatioo in tare Country tu'hc --r _.7 <br />and in -ie fcishlon kc_C�;.I,i 's by "� ty ippli,4abi._ la; ; 3r-;! - <br />p..�s:;ty at -tht a=imv an,,j <br />- <br />la 'a in r ! f P. t ;It ',:.h : 'r €: s : ; t 't L <br />- <br />