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20Q9a9213
<br />10. Transfer of Property. If all or any part of the property or any interest of Trustor
<br />therein is sold, transferred or further encumbered without the express or written consent of
<br />Beneficiary, Beneficiary may, at its sole option, declare all sums secured by this Deed of Trust to
<br />be immediately due and payable and proceed to the remedies available to it under the default
<br />provisions contained herein.
<br />default:
<br />11. Events of Default. Any of the following events shall be deemed an event of
<br />(a) Trustar shall have failed to make payment or any
<br />installment of interest, principal, principal and interest, or any
<br />other sums secured hereby when due;
<br />(b) There has occurred a breach of or default under any
<br />term, covenant, agreement, condition, provision, representation or
<br />warranty contained in this Deed of Trust, the note or any other loan
<br />instrument secured hereby;
<br />(c) There has been a default by the Trustor in the pay-
<br />ment of any prior or subsequent lien or encumbrance in respect to
<br />all or any part of the Property;
<br />(d) Trustor shall file a voluntary petition in bankruptcy
<br />or shall be adjudicated bankrupt or insolvent, or shall make an as-
<br />signment for the benefit of creditors in respect to the Property; or
<br />an action to enforce any lien or encumbrance or judgments against
<br />the Property is commenced.
<br />12. Acceleration Upon Default. In the event of any default, Beneficiary may declare
<br />all indebtedness secured hereby to be due and payable, and the same shall thereupon become due
<br />and payable without any presentment, demand, protest or notice of any kind. Thereafter,
<br />Beneficiary may:
<br />(a) either in person ar by agent, with or without bringing
<br />any action or proceeding, or by receiver appointed by a court and
<br />without regard to the adequacy of any security, enter upon and take
<br />possession of the property, or any part thereof, in its own name or
<br />in the name of the Trustee, and do any acts which it deems neces-
<br />sary and desirable to preserve the value, marketability or rent-
<br />ability ofthe property, or part thereof or interest therein, increase
<br />the income therefrom or protect the security hereof, and, without
<br />taking possession of the property, sue far or otherwise collect the
<br />rents, issues and profits thereof, including those past due and
<br />unpaid, and apply the same, less costs and expenses of operation
<br />and collection, including attorney fees, upon any indebtedness
<br />secured hereby, all in such order as Beneficiary may determine.
<br />The entering upon and taking possession of the trust estate, the
<br />collection of such rents, issues and profits and application thereof
<br />as aforesaid shall not cure or waive any default or notice of default
<br />hereunder or invalidate any act and in response to such default or
<br />pursuant to such notice of default and, notwithstanding the con-
<br />tinuance in possession of the property or the collection, receipt and
<br />application of rents, issues or profits, Trustee or Beneficiary may
<br />be entitled to exercise every right provided for in any of the loan
<br />instruments or by law upon occurrence of any event of default,
<br />including the right to exercise the power of sale;
<br />(b) commence on action to foreclose this Deed of Trust
<br />as a mortgage, appoint a receiver, ar specifically enforce any of the
<br />covenants hereof;
<br />(c) deliver to Trustee a written declaration of default
<br />and demand for sale, and a written notice of default and election to
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