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., ,. 200509906 4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall defend any action purporting to affect the security hereof, or the rights of Beneficiary or Trustee, and shall pay all costs incurred in such defense, including attorney fees. 5. EMINENT DOMAIN. Should any part of the Trust Estate be taken or damaged by any public improvement or condemnation proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation therefore to the extent of his equity in the Trust Estate and be entitled to make any settlement in connection with such taking or damage. 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, by written instrument mailed to Trustor and recorded in the County in which the Trust Estate is located, substitute a successor to the trustee named herein. 7. SUCCESSORS AND ASSIGNS. This Deed of Trust binds all parties hereto and their successors in interest. 8. INSPECTIONS. Beneficiary, or its agents, are authorized to enter at reasonable times, any part of the Trust Estate for inspecting the same, or preserving the same. 9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default hereunder: a. Trustor shall have failed to pay any installment of interest or principal or any other sum secured hereby when due; or b. There has been a breach of any provision contained in any of the loan instruments. 10. ACCELERATION UPON DEFAULT. ADDITIONAL REMEDIES. Should an event of default occur Beneficiary may declare all indebted- ness to be due and payable without demand or notice of any kind. Thereafter, Beneficiary may: a. Take possession of any part or all of the trust estate in its own name, or in the name of Trustee, and do what it deems necessary to preserve the Trust Estate, collect the rents and profits thereof, and apply the same, less costs and expenses, including attorney fees, upon any indebtedness secured hereby. The taking possession ofthe Trust Estate shall not cure or waive any default and Trustee or Beneficiary shall be entitled to exercise every right provided in the loan instruments or by law, including the right to exercise the power of sale; b. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any ofthe covenants hereof; c. Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be filed of record in the County in which the Trust Estate is located. 11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclosure by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may require. a. Trustee shall then cause to be recorded, published and delivered to Trustor said notice of default and election to sell as then required by law and this Deed of Trust. Trustee shall, without demand on Trustor, as required by law, proceed to sell the Trust Estate at the time and place of sale fixed by it in the Notice of Sale, either as a whole or in separate parcels, as Trustee deems expedient, and in such order as it may determine, at public auction, Page 2