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t a Writ o! execution or attachment of any similar process sha'I be entered against Trustor which shall
<br />b:,�. :^� •h F . i �kr t therein and such on, attachment or levy
<br />;.me a l5; > ;, an t.:e Trust Estate �.. ,tr:r r ..,..,.. cr� u, es a execute similar
<br />p -c.�c ess of judgment is riot released, ';onded, satisfied, var qt -J or staye-1 within sixty (60) days aft its entry ,
<br />or
<br />e! tlriere has )ccurred a breach of or default under any term, covenant, agreement, condition, provision,
<br />representation or vvar rarity contained in any prior deed of trust or mortgage affecting the Trust Estate.
<br />I c ACCEI..ERATIONS UFCN DEFAULT; ADDITIONAL REMEDIES. If an event of default occurs, Beneficiary may
<br />ceclare the indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />without arty > reset ot,,r:ent, de?iar, ?d, prates, or notice of ar }y kind, Thereafter. Beneficiary may:
<br />,i) elthor in person or by agent, with or without Fringing any action or proceeding, or by a receiver
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust
<br />Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which It deems necessary or
<br />des;rabte to preserve the value, marketability or rentability of the Trust Estate, or part thereof or interest therein,
<br />increase the income therefrom or protect the security hereof and, with or without taking possession of the Trust
<br />Estate, sue for cr otherwise collect the rents, issues and profits thereof, including those past due and unpaid. and
<br />apply file s<��T�r. Iess costs an;; ewa :::���si~s ; t �,E:. i :i� ° tied collection inctuditiq attorney's tees, upon any
<br />indebtedness ;;P, uu,,,\i h!?reby, ail in such order as Beneficiary may determine The entering upon and taking
<br />possession cal :,?e Trust Eta ;e, the collectior, of such rents. issues and profits and the application thereof as
<br />a!ores i?ci sr, phi riot curve or waive any default or notice of default hereunder or invalidate any act done in response to
<br />such default or pursuant, to such notice o` default and, notwithstanding the continuance in possession of the Trust
<br />Es%l"e or ;t? = c. .t, ^n, receipt an,� a pplic: tion rer,,s, issues or profits. Trustee or Beneficiary shall be entitlerf to
<br />exercise evf =wg r;c;h; U-rr. v ;cxj !car in any or ihsi Loan Instruments or by law upon occurrence of any event of default,
<br />it?eiuding the rid ht to exerc?so the pov-er of sae-
<br />(9) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br />enforce anv of the converants h reef:
<br />(iii) rte ;ive - to T rusice a wr;tten deciaration of default and demand for sale and a written notice of default
<br />and election to cause Trusior's interest in the Trus! Estate to be sold, wf ;ch notice Trustee shall cause to be duly filed
<br />far record in the a.norcpriate off ices of 'fie Cc-urrty in which the Trust Estate is located; or
<br />(iv) exercise such other rights or remedies at law or in equity.
<br />11. FORECLOSURE BY POWER OF SALE. if Beneficiary elects to foreclose by exerciss c. the Power of Sale
<br />herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee the Second Deed of Trust and any rote
<br />evidencing the lndeb edness and such receipts and evidence of expenditures made and secured hereby as Trustee may
<br />require.
<br />(a) Upon receipt of such notice from Beneficiary. Trustee shall cause to be recorded, published and
<br />de.iV'lered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of
<br />Trust. Trus ee shall without dernand o.- Trustor, after such time as may then be required by law and after recordation
<br />of s,uc!- %Iotice cif Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the
<br />time and place of sa!e fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br />Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash
<br />in lawful money of th` D ^sted States payab!e at the time of sale. Trustee shall deliver to such purchaser or
<br />Purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant
<br />or warranty expressed or irnp',ied. T,'-.e recitals in such deed of any matters or facts shall be conclusive proof of the
<br />truthfulness ti,;erecf- Any person, including without limitation Trustor, Trustee or Beneficiary, may purchase at such
<br />scaia-
<br />(b) As may be permitted by law, after dedu sting all costs, fees and expenses of Trustee and of this Trust,
<br />including costs of evidence of title in connection with sale. Trustee shall apply the proceeds of sale to payment of (i)
<br />the Indebtedness (ii) all other sums then secured hereby, and (iii) the rerrminder, if any, to the person or persons
<br />legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale cf all or any portion of the Trust Estate.
<br />t`. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce
<br />payment and perforrnance of any indebtedness a obligations secured hereby and to exercise: all rights and powers under
<br />this Second Deed of Trust or under arty Lcan Instrument or other agreement or any laws now or hereafter in force;
<br />notwithstanding, some or ail of the such indebtedness and obligations secured hereby may now or hereaftar be otherwise
<br />secured, whethar by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Second
<br />Deed of Trust not its enforcement, whether by court action or pursuant to the power of sale or other powers herein
<br />c n'ained, : >!zeif pre udicz or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other
<br />secur ,. now, o; hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them,
<br />shah be entitled to enforce this Second Dead of Trust and any other security now or hereafter held by Beneficiary
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