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(d) a writ of t tion ar attachment of any similar process � become a lien on the Trust E e or any panion thereof or interest thereir. J such tex cut onnsatta hment or sim la'� process of judgment is not released, bonded, satisfied, vacated or stayed within sixty (60) days after its entry or levy; or , ar . (e) there has occurred a breach of or default under any term, covenant, agreement, condition � representation or warranty contained in any Arior deed of trust or mortgage affecting the Trust Esiate. , provision,� ��• Acce%iafion upon Defau/i; Additiona/ Remedies. If an event of default occurs, Beneficiary ma d l Indebtedness secured hereby to be due and payable and the same shall thereu on become due and presentment, demand, protest or notice of any kind. Thereafter, Beneficiar m p Y eclare the� y aY: payable without any W � (i) either in person or by agent, with or without bringing any action or proceeding, or by a receiver a by a court and withoui regard to the adequacy of its security, enter upon and take possession of the Trust Estate, or an ppainted� part thereot, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect h rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses ot operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon a�d taking possession ot the Trust Estate, the collection of such rents, issues and profits and the application thereof as aforesaid shall nat cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shatl been entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any event of default, including the right to exercise the power of sale; (��) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants hereof; (iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed for record in ihe appropriate offices of the County in which the Trust Estate is located; or ��) exercise such other rights or remedies at law or in equity. ��• Forec%sure byPower ofSa/e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtedness and such receipts and evidence of expenditures made and secured hereby as Trustee may reqwre. (a1 Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Detault and Notice of Sale as then required by law and by this Second Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proot of the truthfulness thereof. A�y person, including without limitation Trustor, Trustee or Beneficiary, may purchase at such sale. (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) the Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate. �2• Remedies Not Exc/usive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all righis and powers under this Second Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust ptedge, lien, assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether b court action or pursuant to the power of sale or other powers herein contain�d, shall prejudice or in any manner affect Trustee's or 8eneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it bein a re d Trustee and Beneficiary, and each of them, shall be entitled to enforce this Second Deed of Trust and any other securit n 9 9 that y ow or ' 3