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2oiooo94~ <br />b. There has occurred a breach of or default under any term, covenant, agreement, condition, provision, <br />representation or warranty contained in any of the Loan Instruments. <br />13. ACCELERATION• REMEDIES. Beneficiary shall give notice of default to Trustor prior to acceleration <br />following Trustor's breach of any covenant or agreement in this Trust Deed. The notice shall specify: (a) the default; (b) <br />the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Trustor, by <br />which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may <br />result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further <br />inform Trustor of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of <br />a default or any other defense of Trustor to acceleration and sale. If the default is not cured on or before the date specifted <br />in the notice, Beneficiary at its option may require immediate payment in furl of all sums secured by this Security <br />Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. <br />Trustor shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 13, including, <br />but not limited to, reasonable attorney's fees and costs of title evidence. If power of sale is invoked, Trustee shall record a <br />notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the <br />manner prescribed by applicable law to Trustor and to the other persons prescribed by applicable law. After the time <br />required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />applicable law. Trustee, without demand on Trustor, shall sell the Property at public auction to the highest bidder at the <br />time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place <br />of any previously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. Upon receipt of <br />payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the <br />Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds <br />of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted <br />by applicable law and reasonable attorney's fees; (b) to all sums secured by this Security Instrument; and (c) any excess to <br />the person or persons legally entitled to it. <br />14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 or abandonment of the <br />Property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take <br />possession of and manage the Property and to collect the rents of the Property including those past due. Any rents <br />collected by Beneficiary or the receiver shall be applied first to payment of the costs of management of the Property and <br />collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's <br />fees, and then to the sums secured by this Security Instrument. <br />15. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce <br />payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under <br />this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force, <br />notwithstanding some mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed <br />of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, <br />