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98104160
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Last modified
3/12/2012 12:05:17 PM
Creation date
10/19/2005 5:48:56 PM
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DEEDS
Inst Number
98104160
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, ' <br /> �$- ���160 <br /> warranty contained in any of the Loan Instruments. <br /> 10. ACCELERATION UPO� DEFAULT ADDITIONAL REMEDTES Should an <br /> event of default occur, Beneficiary may declare all indebtedness <br /> secured hereby to be due and payable and the same shall thereupon <br /> become due and payable without any presentment, demand, protest or <br /> notice of any kind. Thereafter Beneficiary may: <br /> a. Either in person or by agent , with or without <br /> bringing any action or proceeding, or by a receiver appointed by a <br /> court and without regard to the adequacy of its security, enter <br /> upon and take possession of the Trust Estate, or any part thereof, <br /> in its own name or in the name of Trustee, and do any acts which it <br /> deems necessary or desirable to preserve the value, marketability <br /> or rentability of the Trust Estate, or part thereof or interest <br /> therein, inerease the income therefrom or protect the security <br /> hereof and, with or without taking possession of the Trust Estate, <br /> sue for or otherwise collect the rents, issues and profits thereof, <br /> including those past due and unpaid, and apply the same, less costs <br /> and expenses of operation and collection including attorney' s fees, <br /> upon any indebtedness secured hereby, all in such order as <br /> Beneficiary may determine. The entering upon and taking possession <br /> of the Trust Estate, the eollection of such rents, issues and <br /> profits and the appliCa�ion thereof as aforesaid, shall not cure or <br /> waive any defauit or notice of default hereunder or invalidate any <br /> act done in response to such default or pursuant to such notice of <br /> default and, notwithstanding the continuance in possession of the <br /> Trust Estate or the collection, receipt and application of rents , <br /> issues or profits, Trustee or Beneficiary sha�l be entitled to <br /> exercise every right provided for in any of the Loan Instruments or <br /> by law upon occurrence of any event of default, including the right <br /> to exercise the power of sale; <br /> b. Commence an action to foreclose this Deed of Trust as <br /> a mortgage, appoint a receiver, or specifically enfprce any o� the <br /> covenants hereof; <br /> c. Deliver to Trustee a written declaration of default <br /> and demand for sale, and a writ�.en notice of default and election <br /> to cause Trustor 's interest in the Trust Estate to be sold, which <br /> notice Trustee shall cause to duly filed for record iri the <br /> appropriate official records of the County in which the Trust <br /> Estate is located. <br /> 11 . FORECLOSURE BY POWER OF 5ALE. Should Beneficiary elect to <br /> foreclose by exercise of th� Power of 5ale herein contained, <br /> Beneficiary shall notify Trustee and sha11 deposit with Trustee <br /> this Deed of Trust and the Note and such receipts and evidence of <br /> expenditures made and secured hereby as Trustee may require. <br /> a. Upon receipt of such notice from Beneficiary, Trustee <br /> shall cause to be recorded, published and deiivered to Trustor such <br /> 4 <br />
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