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<br /> I (d) a writ of execution or attechrnent af any similar process si�all be entered agalnst Trustor which shall .
<br /> ! become a Ilen on the Trust Eatate or any portlon thereof or Interest thereln and such execution,ettachment or similar I ,.
<br /> � process of Judgment is not released,bonded,satisfled,vacated or stayed within�ixty(EO)days after Its entry or levy: .
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<br /> (e) there has occurred a breach of or default under any term, covenant,agreement, condition,provision, :�;f.
<br /> � representatlon or warranty contalned In any prbr deed of trust or mortgege affecting the Trust Estate. � •. --=_���
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<br /> 10. ACCELERATIONS UPON DEFAULT; ADDITIONAL REMEDIES. If an event of default accurs, Benefictary may � __
<br /> declare the Indebtednass secured hereby to bedueand payable and the same shali thereupon become due and payable � __
<br /> w(thout any presentment,demand,pratest or ndiceaf any kind. Thereafter,Bene�ciary may: _ --• _°
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<br /> (i) efther in person or by agent,with or without brfnging any action or proceedfng, or by a receiver ,
<br /> appolnted by a court and wfthout regard to the adequacy of Its securiry,e nter upon and taice pos�esslon of the Trust
<br /> Estate, or any part thereof.in(ts own name a In the name of Trustee,and do any acts which it deems necessary or ��
<br /> deslrable to preserve the value, marketabil iry or rentabilfry of the Trust Estate, or part thereof or Interest theretn, �:�
<br /> increase the income therefrom or protect the security hereof and, w(th a without taking pnssession of the Trust _
<br /> Estate, sue for or otherw(se coller,t the rents,Issues and profits thereof, includ�ng those past due and unpaid, and ��`_
<br /> � apply the same, less casts and expenses of operation and collection includ(ng attorney's fees, upon any � :�_
<br /> indebtedness secured hereby, all in such order as Benefic(ary may determine. The entering upon and taking i "'-
<br /> possession of the Trust Estata, the cdlectlon of such rents, issues and protits and the applict�tlon thereof as .
<br /> aforesald shall not cure or waive any d eiault or notice of defauit hereunder or Invalidate any act done in response to
<br /> such default or pursuant to such notice of default and, notwithstanding the continuance in possesslon of the Trust .
<br /> ' Estate or the collection,recelpt and appl�ation of rents, fssues or profits,Trustee or Beneficiary shall be entltled to
<br /> � exercise every right provlded for In any of t he Loan Instruments or by law upon occurrence of any event of defauit,
<br /> Including the right to axercise the powe�of sale;
<br /> � (il) commnnce an actlon to toreclose this Deed of Trust as a rnortgage,appoint a recelver or speciflcally =_
<br /> � enforce any of the converyants hereof; —
<br /> (Ilil deliver to Trustee a written dedaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's Interest in theTrust Estate to be sotd,whlc h notice i rustee shaii cause t�tie c�ui�r iiiad
<br /> for record In the approprlate offices of the Camry in which the Trust Estate�located;or ���
<br /> (iv) exercisesuch other rightsor remedles at law or in equity.
<br /> 11. FORECLOSURE BY POWER OF SALE. If Beneficiary elects to foreclose by exercise of the Power of Sale
<br /> herein contafned, Beneficlary shaU notliy Trustee and shail deposit with Trustee the Second Deed of Trust and any note
<br /> evidencing the Indebtedness end such receipts and evidence of expendituros rnade and secured hereby as Trustee may - --
<br /> requlre. �'
<br /> (a) Upon recelpt of such notice trom Beneficlary, Trustee shall cause to be recorded, published and
<br /> delfvered to Trustor such Notice of Default and Notice of Sale as then requlred by law and by this Second Deed of _ -- —
<br /> Trust. Trustee shall without demand on Tru stor, after such time as may then be requlred by law and after recordation =_
<br /> � of such Notice of Defadt and after Notice of Sale having been gfven as �equired by law, sell the Trust Estete at the --
<br /> � time and ptace of sale fixed by it In such Notice of Seie, either as a whole,or In separate lots or parcels or(tems as °--
<br /> Trustee shall d�em expedient, and In s uch order as it may determine,at publ(c auction to the highest bidder for cash J ---_-
<br /> in lawful money of the United States payaMe at the time of sale. T�ustee shall del(ver to such purchaser or '���-_-
<br /> purchasers thereof(ts good and sufficient cieed or deeds conveying the property so sold, but withaut any covenant ' =;��:�,;�.
<br /> or warranty exprassed or implied. The recft�s in such deed of any matters or facts shall be conclusive proof of the �
<br /> truthfulness thereof. Any person, Including wkhout Itmftation Trustor,Trustee or Beneflclary, may purchase at such °���—�
<br /> sale. "�n,.��
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<br /> - � (b) As may be permitted by law. after deducting all costs,fees and expenses of Trustee and of this Trust, �x���-��,�,,,,
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<br /> � Inciuding costs of evidence of tltle in conneGion with sate,Trustee shall apply the proceeds of sale to payment of(i) :. ,�,� ,.-y�:-�-
<br /> the Indobtedness (II) all other sums tF�en secured hereby, and (Iii) the remalnder, if any, to the person or persons V�,;: ;�°: ��
<br /> i legally entltled thereto. �
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<br /> � (c) Trustee may in the manner p�ovided by law postpone sale d all or any portion of the Trust Estate.
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<br /> ' 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficlary, and each of them, shall be entitled to enforce
<br /> ' payment and performance of any IndebtecJness o r obl igations secured hereby and to exercise all rights and powers under
<br />- � thfs Second Deed of Trust w under any Loan Instrument or other agreemeN or any laws now or hereafter In farce: �
<br /> notwithstanding,some or alt of the such indebted ness and obligations secured hereby may now or hereafter be otherwlse
<br /> - ; secured,whether by mortgage,deed of trust, pledge,lien, assignment or otherwise. Neither the acceptance of this Second
<br /> ' � Deed of Trust not its enforcement, whether by caurt action or pursuant to the power of saie or other powers heretn
<br />- � contained, shall preJudfce or In any manner affect Trustee's or Beneficiary's right to rQalize upon or eniorce any other
<br /> • security now or hereafter held by Trustee or Beneficlary, it being ac�reed that Tmstee and Beneflcfary, and each of them,
<br /> • shail be entitled to enforce this Second Deed of Truse and any other security now or hereafter held by Beneflclary
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