Laserfiche WebLink
201201883 <br />9. FUL�, RECONVEYANCE: On written request of Beneficiary stating that all <br />sums secured hereby have been paid or otherwise secured or satisfied, and on surrender of <br />this Trust Deed and such Note to Trustee for cancellation and retention and upon payment <br />of Trustee's fees, Trustee shall recovery, without warranty, the property then held <br />hereunder. The recitals in any reconveyance accepted under this Trust Deed of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such <br />reconveyance may be described as "the person or persons legally entitled thereto." <br />10. RIGHT TO COLLECT AND RECEIVE RENTS AND PROFITS As additional <br />security, Trustor hereby gives to and confers on Beneficiary the right, power, and <br />authority during the continuance of the interests created hereby to collect the rents, issues, <br />and profits of such property, reserving to Trustor the right, prior to any default by Trustor <br />in payment of any indebtedness secured hereby or in the performance of any agreement <br />hereunder, to collect and retain such rents, issues, and profits as they become due and <br />payable. On any such default, Beneficiary may at any time without notice, either in <br />person, by agent, or by a receiver to be appointed by a court, and without regard to the <br />adequacy of any security for the indebtedness hereby secured, enter on and ta.ke <br />possession of such property or any part thereof, in its own name sue for or otherwise <br />collect such rents, issues, and profits, including those past due and unpaid, and apply the <br />same, less costs and expenses of operation and collection, including reasonable attorney's <br />fees, on any indebtedness secured hereby, and in such order as Beneficiary may deter- <br />mine. The entering on and taking possession of such property, the collection of such <br />rents, issues, and profits, and the application thereof as aforesaid shall not cure or waive <br />any default or notice of default hereunder or invalidate any act done pursuant to such <br />notice. <br />11. TRUSTEE'S SALE ON DEFAULT: On default by Trustor in payment of any <br />indebtedness secured hereby, TIME BEING OF THE ESSENCE, or in performance of <br />any agreement hereunder, or if Trustor is adjudicated bankrupt or made Defendant in a <br />bankruptcy or receivership proceeding, all sums secured hereby shall immediately <br />become due and payable at the option of Beneficiary. In the event of default Beneficiary <br />shall execute or cause Trustee to execute a written notice of such default and of its <br />election to cause to be sold the herein described property to satisfy the obligation hereof, <br />and shall cause such notice to be recorded as then required by law. <br />On notice of sale as then required by law and elapse of the then required time <br />period after recordation of notice of default, Trustee, without demand on Trustor, shall <br />sell such property at the time and place of sale fixed by it in such notice of sale, either as <br />a whole or in separate parcels and in such order as it may determine, at public auction to <br />the highest and best bidder for cash, payable at time of sale. Trustee may postpone sale or <br />all or any portion of such property by public announcement at such time and place of sale, <br />and from time to time thereafter may postpone such sale by public announcement at the <br />time fixed by the proceeding postponement. Trustee shall deliver to the purchaser its <br />deed conveying the property so sold, but without any covenant or warranty, express or <br />implied. The recitals in such deed of any matters of facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary, as hereunder <br />defined, may purchase at such sale. <br />After deducting all costs, fees, and expenses of Trustee and of this Trust, <br />including cost of evidence of title and reasonable attorney fees in connection with the <br />sale, Trustee shall apply the proceeds of sale to payment of all sums expended under the <br />terms hereof, not then repaid with accrued interest at the rate provided on the principal <br />debt, all other sums then secured hereby, and the remainder, if any, to the person or <br />persons legally entitled thereto. <br />- 3 - <br />