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Loan Documents, including, without limitation, the provisions concerning discrimination, <br />subject to applicable notice and cure periods, if any, included in the City Loan Documents; (c) <br />failure to make any payment, observe or perform any of Trustor's other covenants, agreements, <br />or obligations under any Secured Obligations; and failure to make any payments or observe or <br />perform any of Trustor's; or (d) failure to make any payments or observe or perform any of <br />Trustor's other covenants, agreements or obligations under any other debt instrument or <br />regulatory agreement secured by the Property, which default is not cured within the time and in <br />the manner provided therein. <br />Section 7.2 Acceleration of Maturity. If an Event of Default has occurred and is <br />continuing, then at the option of the Beneficiary, the amount of any payment related to the Event <br />of Default and all unpaid Secured Obligations are immediately due and payable, upon written <br />notice by the Beneficiary to the Trustor (or automatically where so specified in the City Loan <br />Documents), and no omission on the part of the Beneficiary to exercise such option when <br />entitled to do so may be construed as a waiver of such right. <br />Section 7.3 The Beneficiary's Right to Enter and Take Possession. If an Event of <br />Default has occurred and is continuing, the Beneficiary may: <br />(a) Either in person or by agent, with or without bringing any action or <br />proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its <br />security, enter upon the Property and take possession thereof (or any part thereof) and of any of <br />the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary <br />or desirable to preserve the value or marketability of the Property, or part thereof or interest <br />therein, increase the income therefrom or protect the security thereof. The entering upon and <br />taking possession of the Security shall not cure or waive any Event of Default or Notice of Sale <br />(as defined in Section 7.3(c) below) hereunder or invalidate any act done in response to such <br />Event of Default or pursuant to such Notice of Sale and, notwithstanding the continuance in <br />possession of the Security, Beneficiary will be entitled to exercise every right provided for in this <br />Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise <br />the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or specifically enforce any of the covenants hereof; <br />(c) Deliver to Trustee a written declaration of default and demand for sale, <br />and a written notice of default and election to cause Trustor's interest in the Security to be sold <br />("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in <br />the Official Records of the County of San Mateo, California; or <br />(d) Exercise all other rights and remedies provided herein, in the instruments <br />by which the Trustor acquires title to any Security, or in any other document or agreement now <br />or hereafter evidencing, creating or securing the Secured Obligations. <br />Section 7.4 Foreclosure By Power of Sale. <br />13 <br />1199\0912723506.3 <br />Document Number: 2021-146160 Page: 14 of 25 <br />