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<br /> (d) a wrk of execution or attachment of any sknilar process shall be entered against Trustor wh�h .�shall.become a Ilen on the
<br /> Trust Es�ate or any portion thereot or interest therein and such executlon, attachment or sknilar process of judgment is not released,
<br /> bonded, satisfied, vacated or stayed withh sixty (60) days atter fts entry,or levy; or
<br /> (e) there has occurred a breach of o� default under any term, covenant, agreement, condition, provision, representatbn or wananty
<br /> conta�ed in any prior deed o(trust or mortgage aHecting the Trust Estate.
<br /> 10. Acceleration upon Default; Additional Remedies. it an evenc of defauft occurs, Benef�lary may dec�are cne
<br /> indebtedness secured hereby to be due and payable and the same shaN th�eupon become due and payable wfthout any presentment,
<br /> demand, protest or notice oi any khd. Thereatter, Beneficiary may:
<br /> (i) elther in person or by agent, with or wkhout bringing any action or proceeding, or by a receiver appointed by e court and
<br /> wfthout regard to the adequacy of fts security, enter upon and take possession of the Trust Estete, or any part thereof, h its own name
<br /> or in the name of Trustee, and do any acts whfch it deems necessary or desirable to preserve the value, ma�lcetability or rentabitity of
<br /> the Trust Estate, or part thereoi or interest therein, tncrease the income therefrom or protect the security hereot and, wkh or wkhout
<br /> taking possession of the Tn�st Estate, sue for or otherwise collect the rents, issues and proHts thereof, includ�g those past due and
<br /> unpaid, and apply the same, less costs and expenses of operation and collection Including ettomeys' fees, upon any �debtedness
<br /> secured hereby, all in such order as Benefbiary may determine. The entering upon and taking possession of the Trust Estete, the
<br /> collectfon of such rents, issues and profks and the application thereo( as aforesaid shall not cure o� waive any defauR or not�e ot
<br /> defauft hereunder or invalidate any act done in response to such defauR or pursuant to such notice of defauR and, notwithstanding the
<br /> continuance � possession of the Trust Estate or the collection, recelpt and applfcetion of rents, issues or profks, Trustee or Benef�lary
<br /> shall be entkled to exercise every right provided for h any ot the Loan instruments or by law upon occu►rence o( any event of defauR,
<br /> (ncluding the right to exercise the power of sale;
<br /> (ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specBbaliy enforce any of the
<br /> covenants hereof;
<br /> (iii) deliver to Trustee a wrRten declaration of default and demand for sale and a wrkten not�e of detault and election to cause
<br /> Trustor's interest in the Trust Estate to be sold, which notbe Trustee shall cause to be duy filed for record in the eppropriate offbes of
<br /> the Counry in which the Trust Estate is located; or
<br /> (iv) exercise such other rights or remedies at law or � equky.
<br /> 11. Foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein conta�ed,
<br /> eeneficiary shall notify Trustee and shall deposk wkh Trustee this Second Deed of Trust and any note evidencing the Indebtedness and such
<br /> receipts and evidence of expendftures made and secured hereby as Trustee may require.
<br /> (a) Upon receipt of such notice (rom Beneticiary, Trustee shall cause to be recorded, published and delivered to Trustor such
<br /> Notice of Defauft and Notice of Sale as then requked by law and by this Second Deed of Trust. Trustee shali, wkhout demand on
<br /> Trustor, after such time as may then be required by Iaw and after recordation of such Notice of DefauR and aiter Notice of Sale having
<br /> been given as requrced by law, sell the Trust Estate at the time and plece of sale fixed by tt in such Notice of Sale, ekher as a whole, or
<br /> fn separate lots or parcels or items as Trustee shall deem expedient, and in such order as k may determine, at publ� auction to the
<br /> highest bidder for cash in Iawful money of the Unked States payable at the time of sale. Trustee shall deliver to such purchaser or
<br /> purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but wkhout any covenant or warrenty, express
<br /> or implied. The recitals in such deed ot any matters or facts shall be conclusive proof of the truthiulness thereof. Any person, including
<br /> without limitation Trustor, Trustee or Beneficiary, may purchase at such sale.
<br /> (b) As may be permmed by law, aRer deducting ail costs, fees and expenses of Trustee and of this Trust, including costs of
<br /> evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) the hdebtedness (i() all other sums
<br /> then secured hereby, and (iii) the remainder, if any, to the person or persons legally entftled thereto.
<br /> (c) Trustee may in the manner provided by Iaw postpone sale of all or any portion of the Trust Estate.
<br /> 12. Remedies Not Exclusive. Trustee and Bene(iciary, and each of them, shall be entitled to enforce payment and performance
<br /> of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed of Trust or under any Loan
<br /> Instrument or other agreement or any laws now o� hereaRer in force; notwkhstanding, some or all of the such Indebtedness and obligations
<br /> secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, Ilen, essignment or othervvise.
<br /> Nekher the acceptance of this Second Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other
<br /> powers herein contained, shall prejudice or in any menner affect Trustee's or Benef�iery's right to realize upon or enforce any other securky
<br /> now or hereafter held by Trustee or Beneficiary, R being agreed that Trustee and Benei�lary, and each of them, shall be entkled to enforce
<br /> this Second Deed of Trust and any other security now or hereaRer held by Benef�iary or Trustee in such order and manner as they or either
<br /> of them may in the� absolute discretion determhe. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be
<br /> exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulatNe and shall be in eddition to every other
<br /> remedy given hereunder or now or herea(ter existing at law or in equity or by statute. Every power or remedy given by any of the Loan
<br /> Instruments to Trustee or Beneficiary or to which ekher oi them may be othervvise entftled, may be exercised, concunently or independently,
<br /> from time to time and as often as may be deemed expedient by Trustee or Beneficiary and ekher of them may pursue inconsistent remedies.
<br /> Nothing herein shall be construed as prohibiting Beneficiary from seeking,a deficiency judgment against the Trustor to the extent such action
<br />. is pertriitted by Iaw.
<br /> F73340.LMQ(7/B7) Paps 3 ot 5
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