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<br />200900662 <br /> <br />that the same is due, or if any other monetary obligation of Trustor to Beneficiary <br />(whether under the Note, this Deed of Trust, or otherwise comprising all or any <br />part of the Debt) is not paid within Ten (10) days after Trustor's receipt of written <br />notice from Truste that the same is due; or <br /> <br />(b) If any of the Impositions are not paid within Ten (10) days after <br />Trustor's receipt of written notice from Trustee that the same is delinquent; or <br /> <br />(c) If Trustor does not materially comply with any of the provisions of <br />the Note, this Deed of Trust or the Pledge and Security Agreement; or <br /> <br />Upon the occurrence of anyone of the foregoing Events of Default, the entire Debt shall <br />become immediately due and payable at the option of the Beneficiary, without further notice or <br />demand; and, in addition, irrespective of whether Beneficiary exercises said option, it may <br />exercise any and all rights and remedies to the extent same may be available to a mortgagee or <br />secured party at law or in equity, including but not limited to the following: <br /> <br />(a) Beneficiary may enter upon, take immediate possession of, <br />manage, and operate the Trust Property or any part thereof; make repairs and <br />alterations and do any acts which Beneficiary deems reasonably proper and <br />necessary or advisable to protect the security hereof; and either with or without <br />taking possession, in its own name, sue for or otherwise collect and receive <br />rents, issues and profits, including those past due and unpaid, and apply the <br />same, less costs and expenses of operation and collection, including reasonable <br />attorneys' fees and the Beneficiary's costs, upon the Debt and in such order as <br />Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble <br />and make available to Beneficiary at the Premises any of the Trust Property <br />which has been removed therefrom. The entering upon and taking possession of <br />the Trust Property, the collection of any rents, issues and profits and the <br />application thereof as aforesaid shall not cure or waive any default theretofore or <br />thereafter occurring or affect any Notice of Default hereunder or invalidate any <br />act done pursuant to any such notice. Notwithstanding Beneficiary's continuance <br />in possession or receipt and application of rents, issues or profits, Beneficiary <br />shall be entitled, as a matter of right, to exercise every right provided for in this <br />Deed of Trust or by law upon or after the occurrence of a default. Any of the <br />actions referred to in this paragraph may be taken by Beneficiary at such time as <br />Beneficiary is so entitled without regard to the adequacy of any security for the <br />Debt. <br /> <br />(b) Beneficiary shall, without regard to the adequacy of any security <br />for the Debt, be entitled to the immediate ex parte appointment of a receiver by <br />any court having jurisdiction, without notice, to take possession of and protect the <br />Trust Property and operate the same and collect the rents, issues and profits <br />therefrom. <br /> <br />(c) Beneficiary may bring an action in any court of competent <br />jurisdiction to foreclose this Deed of Trust or to enforce any of the covenants <br />hereof. <br /> <br />6 <br />