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201000943 <br />24. Acceleration of Debt;_ ForeclQs_ure. Upon the occurrence of any Event of Default, ar any time <br />thereafter, Beneficiary may, at its option, declare all the Indebtedness secured hereby immediately due and payable and <br />the same shall bear interest at the default rate, if any, set forth in the Note, or otherwise at the highest rate permitted <br />by law, and, irrespective of whether Beneficiary exercises said option, it may, at its option and in its sole discretion, <br />without any fluffier notice or demand to or upon Trustar, do one or more of the following: <br />a. Beneficiary may enter upon, take possession of, manage and operate the Trust Property or <br />any part thereof; make repairs and alterations and do any acts which Beneficiary deems proper to protect the <br />security thereof, and either with or without taking possession, in its own name, sue for or otherwise collect <br />and receive rents, issues and profits, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection, including reasonable attorney fees and Beneficiary's costs, upon the <br />Indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary, <br />Trustor shall assemble and shall make available to Beneficiary any of the Trust Property which has been <br />removed. The entering upon and taking possession of the Trust Property, the collection of any rents, issues <br />and profits, and the application thereof as aforesaid, shall not cure or waive any default theretofore ar <br />thereafter occurring, or affect arty notice of default or notice of sale hereunder or invalidate any act done <br />pursuant to any such native, Notwithstanding Beneficiary's continuance in possession or receipt and <br />application of rents, issues or profits, Beneficiary shall be entitled to exeroise every right provided for in this <br />Deed of Trust or by law upon or after the occurrence of an Event of Default, including the right to exercise <br />the power of sale. Any of the actions referred to in this paragraph may be taken by Beneficiary at such time <br />as Beneficiary may determine without regard to the adequacy of any security for the Indebtedness secured <br />hereby. <br />b. Beneficiary shall, without regard to the adequacy of any security for the Indebtedness <br />secured hereby, be entiitled to the appointment of a receiver by any court having jurisdiction, without notice, <br />to take possession of, protect, and manage the Trust Property and operate the same and collect the rents, issues <br />and profits therefrom. <br />c. Beneficiary may bring any action in any court of competent jurisdiction to foreclose this <br />Deed of Trust or enforce any of the covenants hereof. <br />d. Beneficiary may elect to cause the Trust Property or any part thereof to be sold under the <br />power of sale, and in such event, Beneficiary or Trustee shall give such notice of default and notice of sale <br />as may be then required by law. Thereafter, upon the expiration of such time and the giving of such notice <br />of sale as may then be required by law, Trustee, at the time and place specified by the notice of sale, shall sell <br />such Trust Property, ar any part thereof specified by Beneficiary, at public auction to the highest bidder for <br />cash in lawful money of the United States of America. Upon receipt of payment of the prise bid, Trustee shall <br />apply the proceeds in the following order: (i) to the cost and expenses of exercising the power of sale and of <br />the sale, including but not limited to, trustee's fees of not more than $500.00 plus one-half of one percent of <br />the gross sale price, and reasonable attorney fees, (ii) to the Indebtedness, and (iii) the excess, if arty, to the <br />person or persons legally entitled thereto. <br />e. $enefivisry xnay exercise any right or remedy provided for in any other document pr <br />agreement with Trustee, or otherwise provided at law or in equity. <br />All costs and expenses incurred by Beneficiary in enforcing any light under this Deed of Trust, including without <br />limitation, abstravt or title fees, appraisal fees, premiums for title insurance, attorney fees and court costs, shall be and <br />constitute Indebtedness secured hereby. Trustor understands, agrees and acknowledges that this Deed of Trust contains <br />a Power of Sale, which Power of Sale creates substantially different rights and obligations for Trustor from those <br />contained in a mortgage in case of an Event of Default (as defined in this Deed of Trust) or Trustor's breach of any <br />obligation under this Deed of Trust or any of the other documents referred to in this Deed of Trust. <br />