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<br />impairs the Beneficiary's security
<br />(f) Trustor is in default
<br />hereunder,
<br />
<br />10. Acceleration Upon Default, Additional Remedies. Should an event of default
<br />occur Beneficiary may declare all indebtedness secured hereby to be due and payable
<br />and the same shall thereupon become due and payable without any presentment, demand, pro-
<br />test or notice of any kind. Thereafter Beneficiary may:
<br />(i) Either in person or by agent with or without bringing any action or proceeding,
<br />or by a receiver appointed by a court and without regard to the adequacy of its security,
<br />enter upon and take possession of the Trust Estate, or any part thereof, in its own name
<br />or in the name of Trustee, and do any acts which it deems necessary or desirable to
<br />preserve the value, marketability or rentability of the Trust Estate, or part thereof or
<br />interest therein, increase the income therefrom or protect the security hereof and, with
<br />or without taking possession of the Trust Estate, sue for or otherwise collect the rents,
<br />issues and profits thereof, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection including attorneys' fees, upon any
<br />indebtedness secured hereby, all in such order as Beneficiary may determine. The entering
<br />upon and taking possession of the Trust Estate, the collection of such rents, issues and
<br />profits and the application thereof as aforesaid, shall not cure or waive any default or
<br />notice of default hereunder or invalidate any act done in response to such default or
<br />pursuant to such notice of default and, notwithstanding the continuance in possession of
<br />the Trust Estate or the collection, receipt and application of rents, issues or profits,
<br />Trustee or Beneficiary shall be entitled to exercise every right provided for in any of
<br />the Loan Instruments or by law upon occurrence of any event of default, including the
<br />right to exercise the power of sale;
<br />(ii) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />receiver, or specifically enforce any of the covenants hereof;
<br />(iii) Deliver to Trustee a written declaration of default and demand for sale, and
<br />a written notice of default and election to cause Trustor's interest in the Trust Estate
<br />to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate
<br />Official Records of the County in which the Trust Estate is located,
<br />
<br />or increases its risk with re~~::-to()tt!u~~I!~
<br />under any term or condition of any note secured
<br />
<br />note;o~
<br />
<br />11, Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise
<br />of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit
<br />with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures
<br />made and secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded,
<br />published and delivered to Trustor such Notice of Default and Notice of Sale as then
<br />required by law and by this Deed of Trust. Trustee shall, without demand on Trl1stor, after
<br />such time as may then be required by law and after recordation of such Notice of Default
<br />and after Notice of Sale having been given as required by law, sell the Trust Estate
<br />at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it
<br />may determine, at public auction to the highest bidder for cash in lawful money of the United
<br />States payable at the time of sale, Trustee shall deliver to such purchaser or purchasers
<br />thereof its good and sufficient deed or deeds conveying the property so sold, but without
<br />any covenant or warranty, express or implied, The recitals in such deed of any matters
<br />or facts shall be conclusive proof of the truthfulness thereof. Any person, including,
<br />without limitation, Trustor, Trustee and Beneficiary, may purchase at such sale and
<br />Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of
<br />Trustee and of this Trust, including costs of evidence of title in connection with sale,
<br />Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the
<br />terms hereof, not then repaid, with accrued interest at the interest rate without
<br />adjustment at foreclosure plus two percent (2%) per annum, (ii) all other sums then secured
<br />hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law, postpone sale of all or any portion
<br />of the Trust Estate.
<br />
<br />12. Remedies not Exclusive. Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce payment and performance of any indebtedness or obligations secured
<br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan
<br />Instrument or other agreement or any la~s now or hereafter in force, notwithstanding some
<br />or all of the such indebtedness and obligations secured hereby may now or hereafter be
<br />otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or
<br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by
<br />court action or pursuant to the power of sale or other powers herein contained, shall
<br />pr~judice or in any manner affect Trustee's or Beneficiary's right to realize upon or
<br />enforce any other security now or hereafter held by Trustee or Beneficiary, it being
<br />agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this
<br />Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in
<br />such order and manner as they or either of them may in their absolutp rliscretion deter-
<br />mine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended
<br />
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