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87- 1()0()36 <br />12. Acceleration Upon Default. In the event of any default, <br />Beneficiary may declare all indebtedness secured hereby to be due <br />and payable, and the same shall thereupon become due an" payable <br />without any presentment, demand, protest or notice of any kind. <br />Thereafter, Beneficiary may: <br />(a) either in person or by agent, with or without <br />bringing any action or proceeding, or by receiver <br />appointed. by a court and without regard to the adequacy <br />of any security, enter •ipon and take possession of the <br />property, or any part thereof, in its own name or in <br />the name of the Trustee, and do any acts which it deems <br />necessary and desirable to preserve the value, market- <br />ability or rentability of the property, or Dart thereof <br />or interest therein, increase the income therefrom or <br />protect the security hereof and, without taking posses- <br />sicn of the property, sue for or otherwise collect the <br />rents, issues and profits thereof, including those past <br />due and unpaid, and apply the same, less costs and <br />expenses of operation and collection, including attorney <br />fees, upon any indebtedness secured hereby, all in such <br />7- - <br />order as Beneficiary may determine. The entering upon <br />and taking possession of the trust estate, the collec- <br />tion of such rents, issues and profits and application <br />thereof as aforesaid shall not cure or waive any <br />default or notice of default hereunder or invalidate <br />any act and in response to such default or pursuant to <br />such notice of default and, notwithstanding the continu- <br />ance in possession of the property or the collection, <br />receipt and application of rents, issues or profits, <br />Trustee or Beneficiary may be entitled to exercise <br />every right provided for in any of the loan instruments <br />or by law upon occurrence of any event of default, <br />including the right to exercise the power of sale; <br />(b) commence an action to foreclose this Deed of <br />Trust as a mortgage, appoint a receiver, or specifi- <br />cally enforce any of the covenants hereof; <br />tc) deiiver to Trustee a written declaration of <br />default and den.and for sale, and a written notice 01 <br />default and election to cause Trustor's interest in the <br />property to be sold, which notice Trustee shall cause <br />to be duly filed for record in the official records of <br />the county in which the property is 'Located. <br />13. Foreclosure by Power of Sale. Should Beneficiary elect <br />to foreclose by exercise of the power of sale herein contained, <br />Beneficiary shall notify Trustee and shall deposit with Trustee <br />this Deed of Trust and the note and such receipts and evidence of <br />expenditures made and secured hereby as Trustee may require, and <br />upon request of the Beneficiary, the Trustee shall file for <br />record, in the Register of Deeds office in the County where the <br />property is located, a notice of default, setting forth the name <br />of the Truscor, the Book and Page or Document No. of this Deed of <br />Trust as recorded in said Register of -L.e,-?ds office, the legal <br />description of the above-described real estate and that a breach <br />of an obligation, for which said real estate was conveyed as <br />secur-it-Y, has occurred, and setting forth the nature of such <br />breach and the Trustee's election to sell the real estate to <br />satisfy the obligation; and after the lapse of not less than the <br />statutory period of time, the Trustee shall rive written notice <br />of the time and place of sale which may be between 9:00 a.m. and <br />5 p.m. at the premises, or at the Courthouse in the County <br />wherein such property is located, describing tile property to be <br />sold by its !egal description, said notice to lbc pub, <br />lisbed in a <br />:-,ewspaper of general circulation in the Count,,, Wjj,,t,4n SUCII <br />property Js located, ante a week for five J5) Conser-•ut-J"•e weeks, <br />the last pulAication to Le at. :east tes, flo) lout not. Tac,r�- <br />than thirt-y, (2',(!) day5, I)zir)r to t, <br />ie and the <br />an," <br />Iw 1 <br />