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<br />I <br /> <br />83"";'--0 (j 6 413 <br /> <br />10. Events of Default. Any of the following events shall <br />be deemed an event of default hereunder: <br /> <br />(al Trustor shall have failed to make <br />payment of any installment of interest, <br />principal or principal and interest or any <br />other sums secured hereby when due; <br /> <br />(b) There has occurred a breach of or <br />default under any term, covenant, agreement, <br />condition, provision, representation or <br />warranty contained in this Deed of Trust, the <br />note or any other loan instrument secured. <br />hereby; <br /> <br />(c) There has been a default by the <br />Trustor in the payment of any prior or subse- <br />quent lien or encumbrance in respect to all <br />or any part of the property; <br /> <br />(d) Trustor shall file a voluntary <br />petition in bankruptcy or shall be adjudi- <br />cated bankrupt or insolvent, or shall make an <br />assignment for the benefit of creditors in <br />respect to the property; or an action to <br />enforce any lien or encumbrance or judgments <br />against the property is commenced. <br /> <br />11. Acceleration Upon Default. In the event of any default, <br />Beneficiary may declare all indebtedness secured hereby to be due <br />and payable, and the same shall thereupon become due and payable <br />without any presentment, demand, protest or notice of any kind. <br />Thereafter, Beneficiary may: <br /> <br />fal either in person or by agent, with <br />or without hringing any action or proceeding, <br />or by receiver appointed by a court and with- <br />out regard to the adequacy of its security, <br />enter upon and take possession of the property, <br />or any part thereof, in its own name or in <br />the name of the Trustee, and do any acts <br />which it deems necessary and desirable to <br />preserve the value, marketability or renta- <br />bility of the property, or part thereof or <br />interest therein, increase the income there- <br />from or protect the security hereof and, <br />\~ithout taking possession of the property, <br />sue for or otherwise collect the rents, <br />issues and profits thereof, including those <br />past due and unpaid, and apply the same, less <br />costs and expenses of operation and collec- <br />tion, including attorney fees, upon any <br />indebtedness secured hereby, all in such <br />order as Beneficiary may determine. The <br />entering upon and taking possession of the <br />trust estate, the collection of such rents, <br />issues and profits and application thereof as <br />aforesaid shall not cure or waive any default <br />or notice of default hereunder or invalidate <br />any act and in response to such default or <br />pursua.nt to such notice of default and, not- <br />withstanding the continuance in possession of <br />the property or the collection, receipt and <br />application of rents, issues or profits, <br />Trustee or Beneficiary m.ay be entitled to <br />exercise every right provided for in any of <br />the loan instrum.ents or by law upon occur- <br />rence of any event of default, including the <br />right to exercise the power of sale; <br /> <br />(bl commence an action to foreclose <br />this Deed of Trust as a mortgage, appoint a <br /> <br />-3- <br /> <br />