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5 - 003729
<br />and interest, Or any other sums secured
<br />hereby when
<br />due; (b) There has Occurred a breach of,
<br />under, any term, covenant, agreement or default
<br />condition, provi-
<br />sion, representation, or warranty, contained
<br />in this
<br />Deed of Trust,
<br />the note, or any Other loan inst rument
<br />secured hereby;
<br />(c) There has been a
<br />default by the Trustor in
<br />the payment of any prior, or subsequent,
<br />lien, or
<br />encumbrance, in respect to all, or any part, of the
<br />property;
<br />(d) Trustor shall file a
<br />voluntary Petition in
<br />bankruntcy;
<br />or, shall be adjudicated bankrupt or insol-
<br />vent; or, shall make an assignment for the benefit of
<br />creditors in respect "0 the property; or, an action to
<br />enforce any lien, or encumbrance, or judgments, against
<br />the property is commenced.
<br />12. Acceleration upon Default. in the event of any default,
<br />Beneficiary may declare all indebtedness secured hereby -
<br />and payable; ' to be due
<br />and, the same shall thereupon become due -and payable
<br />without any presentment, demand, protest, or notice, of any kind.
<br />Thereafter, Beneficiary mav--
<br />(a) either in Person* or by agent, with or
<br />without bringing any action or proceeding, or by
<br />receiver appointed by a Court, and without regard to
<br />the adequacv of any security, enter upon and take
<br />Possession of the property, or any part thereof, in its
<br />Own name, Or in the name of the Trustee, and do
<br />acts which it deems necessary and desirable to preserve
<br />the value, marketability, or rentability of the property,
<br />or part thereof, or i -
<br />nterest therein, increase- the
<br />income therefrom, or protect the security hereof; and,
<br />without taking Possession of the property, sue for, or
<br />otherwise collect, the rents, issues and profits
<br />3'
<br />thereof, including those past due and unpaid; and,
<br />apply the same, less costs and expenses Of operation
<br />and collection, including attorney fees, upon any
<br />indebtedness secured hereby, all zr such order as
<br />Beneficiary may determine. The entering upon and
<br />taking Possession of the trust estate, the collection
<br />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
<br />to such notice of default, and, notwithstanding the
<br />continuance in Possession Of the Property, or the
<br />collection, receipt and application of rents, issues,
<br />or profits, Trustee, or Beneficiary, may be entitled to
<br />exercise every right provided for in any Of the loan
<br />instruments, or by law, upon Occurrence of any event of
<br />default, including the right to exercise the Power of
<br />sale.;
<br />(b) commence an action to foreclose this Deed of
<br />Trust as a mortgage, appoint a receiver, Or specifically
<br />enforce any of the covenants hereof;
<br />(c) deliver to Trustee a written declaration of
<br />default and demand, for sale, and a written notice of
<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. F oreclosure bo Power of Sale. Should Beneficiary elect
<br />Ise
<br />the
<br />"clse o the Power of sale herein contained,
<br />to foreclose ex n"'
<br />Beneficiary shall notify Trustee, and shall deposit with Trustee
<br />this Deed of Trust, and the note, and such receipts, and evidence
<br />-3-
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