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<br />is sold, transferred at further enc:mbered�vi�`h�ii`t` the express
<br />OaneficiarY may, at its sole option, declare all sums securedby or thistDeedcofsTruustftoebefimmediately
<br />due and payable and proceed to the remedies available to it under the default provisions contained
<br />herein.
<br />11. _$yatts`of Default. Any of the following events shall be deemed
<br />(a) Truster shall an event of default hereunder:
<br />have failed to make payWent,of any Installment of interest,
<br />principal or principal and interest or any other sums secured hereby when due;.
<br />(b) There has occurred a breach of or default under any term, covenant,
<br />agreement, condition, provision. representation or warranty contained in this Deed
<br />of Trust, the note or any other loan Instrument secured hereby;
<br />(c) There has been a default by the Truster in the Payment of any prior or
<br />subsequatt lien or encumbrance in respect to all or any Part of the property;
<br />(an Truster shall file a voluntary petition in bankruptcy or shall be adjudi-
<br />in re pect to he insolvent, or shall make an assignment for the benefit of creditors
<br />is respect to the property; or an action to enforce any lien or encumbrance or judg-
<br />aents against the property Is commenced.
<br />12. Acceleracioa ilvcn Default. In the event of any default, Beneficiary may declare all indebtedness
<br />secured hereby to be due and Payable, and the same shall thereupon become due and payable without any
<br />preaatntment, demand, protest or notice of any kind. Thereafter, Beneficiary may:
<br />(a) either 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 any part thereof,
<br />In its owe 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 taking 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 />game, lose 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 the trust estate, the collection of such rents,
<br />issues and profits and application thereof as aforesaid shall not cure or waive any 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 exercise every right provided for
<br />in any of the loan instruments or by law upon occurrence of any event of default. in-
<br />eluding the right to exercise the Power of sale;
<br />(b) cotMM"ce an action to foreclose this Deed of Trust as a mortgage, appoint
<br />a receiver, or specifically enforce any of the covenants hereof;
<br />(c) deliver to Trustee a wrirten declaration of default and demand for sale,
<br />and a written notice of default and election to cause Trustoe's interest in the property
<br />to be sold, which notice Trustee almll cause to be duly filed for record in t
<br />records of the county In which the property is located. he or
<br />17. foreclosure by power of Sale. Should Beneficiary elect to foreclose by exercise of the power
<br />of sale herein contained, Beneficiary shall. notify Trustee and shall deposit with Trustee this Deed of
<br />Trust and the note and such receipts and evidence of expenditures made and secured hereby as Trustee
<br />MAY require, and upon[ request of the Beneficiary, the Trustee shall file for record, in the Register
<br />of Deeds office in the County where the property is located, a notice of default, setting forth the
<br />name Of the Truster, the Book and Page or Document No. of this Deed of Trust as recorded to said
<br />Register of Deeds office, the 10941 description of the above - described real estate and that a breach
<br />Of an obligation, for which said real estate was conveyed ag security, teas occurred, and setting forth
<br />the afters of such breach and the es el
<br />seed after the lopes of not lass than an one (11 ) ection to sell the real estate to satisfy the obligation;
<br />month, the Trustee shall give written notice of the time
<br />and place of sale which may be between 9:00 a.m. and S p.m. at the premises, or at the Courthouse in
<br />the County wherein such property is located, describing the property to he sold by its legal demerip-
<br />ties, said notice to he published in a newspaper of general circnlatitm in the County wherein such
<br />property is located. once a week for five (5) consecutive weeks, the oast Publication County to re at least
<br />tan (Iii) days, but not more than thirty (30) days. prior to the sale; and the Trustee shall then sell
<br />gold Property at the time and place designated in the notice, in the Meitner provided by law in effect
<br />at the time of filing said notice, at public auction to the hlgheat bidder for cash and shall deliver
<br />to such purchaser a deed to the property sold, consistent with the law in effect at the time
<br />ill'otn receipt Of the price bid, Trustee shall deliver to t, he purchase, Trustee's dead conveying the
<br />Property sold. Recitals in the Trestee's deed shall he prima facie evidence of the truth of the state-
<br />tr therein. Trustee shalt aPPIy the proceeds of the sale in the following order: (a) to all
<br />r isle casts and expenses of tine eels. Including but not limited to, Trustee's fees of not more
<br />t _ X of the gross sale price, reasonable attorney fees and costs of title evidence; (b) to all
<br />secured by this Deed of Trust; and (c) the excess, if any, to the Person or persona legally on-
<br />titled thereto. may psrscxn, including Beneficiary. may purchase said property at said sale.
<br />The person conducting the sale may. for any cause lie or she deems expedient. postpone the made from
<br />time to r until it shall be conliated and. In every such case, notice of postponement shall be given
<br />by Public declaration thereof by such Person at the eta and place last appointed t pro-
<br />one It the sale is post {reined for losiger than one (1) <lay beyond the date designatedIn thaanotics of
<br />sale, notice thereof %hall be given in the s
<br />ame nsr as the original aeries of made.
<br />14. i j ;;7, l tv�. Trustee and Beneficiary, and rzach of item, shall. be entitled to sn-
<br />Core, t his De ce oC sty r undeo Indebtedness or obligatlon secured hrrehy and to exerclss all rights
<br />® r this Deed of Trust or ,anion any loan laser
<br />hereafter forced, notwithstanding err sIf of tea Instrument Or otnhecr all cement Or anydlaws now or
<br />which ' ear hereafter be atssrwlge eecuall whether ha_
<br />or Neither the acceptance of this Deed of Trust gnor its vonforcrusnt,pwhsthsrlio e:ourtlgn-
<br />actl et s t to the pewer of sale of other Power* herein containod, shall pre
<br />else *Pleat Tr tee'o or Beneficiary, tithe to rsaltre uPon or enforce any judice of in
<br />now or here«
<br />after belle by to se of p thinfDe, tt being mgr that ' Trusteo and Beneficiary, and sat:lt of [.ham,
<br />sbald be Triad to enforce this Deed" Trust and any :,tt,er ee.wrlry now or sereaftnd held by the Mile-
<br />me fimistr or Trtatss to sates ,roar attcl nor as they. or either Of them. y In their aboolut,e ddscrsttoan
<br />remedy hereto ctnCerted upon or re%frved to Trustee <>r Rrnefislaty Is Intended to loo FIX-
<br />but ivs of y Other r y herein nsr by law Provided or
<br />ll be in addition to every other r psrmttted, but oath small be cumulattve and
<br />1dy given herotnd4er or r +saw ur hereafter a ^xlacing mar law or to
<br />1ty or by statato. testy Ie"mv e-r remedy rtvwr, by mriv of the 1c,sn tnstr, acre to
<br />doctor, IF ro for is €Trier hj sees slay be otherwiss entitled v xo cxierrt %ell. .�ancearrentlee �crhRene-
<br />1P, fry rise a t t t send as t.ften me eny be 4ee d ndepen-
<br />Of t may pu'rol lerr.,_€gtw¢ernn r exPaedlent by rru�t®e < ^r seneficlary. and otther
<br />"r *0 'd4as. hotbtnN hormtst shall he
<br />^vn %troo+l t, rrnt,SbBttnp; fieleeCteiary
<br />+#a m d- ettslt,a'.w Inds Aayr ®galnnt Irust"t to the extene -40, 1s(l.tt ;7eemlt1 a�w Isw.
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