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201105414
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201105414
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Last modified
9/14/2011 12:29:43 PM
Creation date
7/25/2011 8:57:42 AM
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DEEDS
Inst Number
201105414
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201�054�� <br />(a) Trustor shall have failed to make payment or any <br />installment of interest, principal or 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 <br />payment of any prior or subsequent lien or encumbrance in respect <br />to 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 />11. 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 or 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 <br />necessary and desirable to preserve the value, marketability or <br />rentability of the property, or part thereof or interest therein, <br />increase the income therefrom or protect the security hereof, and, <br />without taking possession of the property, sue for or otherwise <br />collect the rents, issues and profits thereof, including those past <br />due and unpaid, and apply the same, less costs and expenses of <br />operation and collection, including attomey fees, upon any in- <br />debtedness secured hereby, all in such order as Beneficiary may <br />determine. The entering upon and taking possession of the trust <br />esta.te, the collection of such rents, issues and profits and <br />application thereof as aforesaid shall not cure or waive any default <br />or notice of default hereunder or invalidate any act and in response <br />to such default or pursuant to such notice of default and, notwith- <br />standing the continuance in possession of the property or the <br />collection, receipt and application of rents, issues or profits, Trus- <br />tee or Beneficiary may be entitled to exercise every right provided <br />for in any of the loan instruments or by law upon occurrence of <br />any event of default, including the right to exercise the power of <br />sale; <br />(b) commence on action to foreclose this Deed of Trust <br />as a mortgage, appoint a receiver, or specifically enforce any of the <br />covenants hereof; <br />(c) de liver to Trustee a written declaration of default <br />and demand for sale, and a written notice of default and election to <br />cause Trustor's interest in the property to be sold, which notice <br />Trustee sha11 cause to be duly filed for record in the official records <br />of the county in which the property is located. <br />12. Foreclosure bv Power of Sale. Should Beneficiary elect to foreclose by exercise <br />of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with <br />Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and <br />secured hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall file <br />3 <br />
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