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• <br /> 6. Failure of Trustor to Comply with Deed of Trust. Should Trustor fail to do any act required <br /> by this Deed of Trust, or should there be any action or proceeding (including, without limitation, any <br /> judicial or non-judicial proceeding to foreclose the line of a junior or senior mortgage or deed of <br /> trust) affecting or purporting to affect the Property or this Deed of Trust, Beneficiary or Trustee may <br /> (but is not obligated to): <br /> a. Make any such payment or do any such act in such manner and to such extent as <br /> either deems necessary to preserve or protect the Property or this Deed of Trust, Beneficiary and <br /> Trustee being authorized to enter upon the Property for any such purpose; and <br /> b. In exercising any such power, pay necessary expenses, employ attorneys and pay <br /> reasonable attorneys' fees incurred in connection therewith, without notice to or demand upon <br /> Trustor and without releasing Trustor from any obligation hereunder. <br /> 7. Default. Each of the following shall constitute a°Default' under this Deed of Trust: <br /> a. The filing by Trustor of any petition or action for relief under any bankruptcy, <br /> reorganization, insolvency or moratorium law,or any other law or laws for the relief of, or relating <br /> to, debtors;or <br /> b. In the event that after the date hereof Trustor sells, contracts to sell, gives an <br /> option to purchase,conveys, transfers or alienates the Property, or suffers its title to,or any <br /> interest in the Property to be divested,whether voluntarily or involuntarily; or <br /> c. Trustor defaults under the terms and conditions of the ResaIe Restrictions. • <br /> 8. Remedies on Default. In the event any Default hereunder which remains uncured <br /> following notice from Beneficiary and any cure period for each Default set forth herein, Beneficiary, <br /> at Beneficiary's option, and to the extent permitted by applicable law, may, by delivering to Trustee <br /> a written declaration of default and demand for sale,executed by Beneficiary and reciting facts <br /> demonstrating that such default by Trustor, together with a written notice of default, cure any <br /> defaults or purchase the Property pursuant to the terms of the Resale Restrictions. Beneficiary <br /> shall also deposit with Trustee the Resale Restrictions(including any amendments thereto), this <br /> Deed of Trust and such other documents necessary or appropriate. Upon receipt by Trustee of <br /> such affidavit or declaration of default and such notice of default and election to sell,Trustee shall <br /> accept as true and conclusive all facts and statements contained in such affidavit or declaration of <br /> default and shall cause such notice of default and election to sell to be recorded as required by <br /> applicable law. Upon the expiration of such period as may then be required as applicable law <br /> following recordation of such notice of default, and after notice of sale has been given in the <br /> manner and for the period required by applicable law,Trustee,without demand on Trustor, shall <br /> sell the entire Property at the time and place fixed in such notice of sale, to Beneficiary, subject to <br /> the minimum bid requirement, for cash in lawful money of the United States, payable at the time of <br /> sale. Such sale shall be subject to all of the terms and conditions of the Resale Restrictions. <br /> Trustee may postpone the sale of all or any portion of the Property by public announcement made <br /> at the initial time and place of sale, and from time to time thereafter by public announcement made <br /> at the time and place of sale fixed by the preceding postponement. Trustee shall deliver to <br /> Beneficiary at such sale its deed conveying the Property, but without any covenant or warranty, <br /> WLEA153530N1235331.3 3 <br /> Performance Deed of Trust <br />