Laserfiche WebLink
20120���� <br />1. This conveyance is made upon and subject to the further trust that the said Grantor shall remain in quiet <br />and peaceable possession of the above granted and described premises and take the profits thereof to his own <br />use until default be made in any payment of an installment due on said note or in the performance of any of the <br />covenants or conditions contained therein or in this Deed of Trust; and, also to secure the reimbursement of the <br />Beneficiary or any other holder of said note, the Trustee or any substitute trustee of any and all costs and expenses <br />incurred, including reasonable attorneys' fees, on account of any litigation which may arise with respect to this <br />Trust or with respect to the indebtedness evidenced by said note, the protection and maintenance of the property <br />hereinabove described or in obtaining possession of said property after any sale which may be made as hereinafter <br />provided. <br />2. Upon the full payment of the indebtedness evidenced by said note and the interest thereon, the payment <br />of all other sums herein provided for, the repayment of all monies advanced or expended pursuant to said note <br />or this instrument, and upon the payment of all other proper costs, charges, commissions, and expenses, the <br />above described property shall be released and reconveyed to and at the cost of the Grantor. <br />3. Upon default in any of the covenants or conditions of this instrument or of the note or loan agreement <br />secured hereby, the Beneficiary or his assigns may without notice and without regard to the adequacy of security <br />for the indebtedness secured, either personally or by attomey or agent without bringing any action or proceeding, <br />or by a receiver to be appointed by the court, enter upon and take possession of said property or any part thereof, <br />and do any acts which Beneficiary deems proper to protect the security hereof, and either with or without taking <br />possession of said property, collect and receive the rents, royalties, issues, and profits thereof, including rents <br />accrued and unpaid, and apply the same, less costs of operation and collection, upon the indebtedness secured <br />by this Deed of Trust, said rents, royalties, issues, and profits, being hereby assigned to Beneficiary as further <br />security for the payment of such indebtedness. Exercise of rights under this paragraph shall not cure or waive <br />any default or notice of default hereunder or invalidate any act done pursuant to such notice but shall be cumulative <br />to any right and remedy to declare a default and to cause notice of default to be recorded as hereinafter provided, <br />and cumulative to any other right and/or remedy hereunder, or provided by law, and may be exercised concurrently <br />or independently. Expenses incurred by Beneficiary hereunder including reasonable attomeys' fees shall be <br />secured hereby. <br />4. The Grantor covenants and agrees that if he shall fail to pay said indebtedness, or any part thereof, when <br />due, or shall fail to perform any covenant or agreement of this instrument or of the promissory note secured <br />hereby, the entire indebtedness hereby secured shall immediately become due, payable, and collecdble without <br />notice, at the option of the Beneficiary or assigns, regardless of maturity, and the Beneficiary or assigns may <br />enter upon said property and collect the rents and profits thereof. Upon such default in payment or performance, <br />and before or after such entry, the Trustee, acting in the execution of this Trust, shall have the power to sell said <br />property, and it shall be the Trustee's duty to sell said property (and in case of any default of any purchaser, to <br />resell) at public auction, to the highest bidder, first giving four weeks' notice of the time, terms, and place of such <br />sale, by advertisement not less than once during each of said four weeks in a newspaper published or distributed <br />in the county or political subdivision in which said property is situated, all other notice being hereby waived by <br />the Grantor (and the Beneficiary or any person on behalf of the Beneficiary may bid and purchase at such sale): <br />Such sale will be held at a suitable place to be selected by the Beneficiary within said county or political subdivision. <br />The Trustee is hereby authorized to execute and deliver to the purchaser at such sale a sufficient conveyance of <br />said property, which conveyance shall contain recitals as to the happening of default upon which the executio� <br />of the power of sale herein granted depends; and the said Grantor hereby constitutes and appoints the Trustee <br />as his agent and attorney in fact to make such recitals and to execute said conveyance and hereby covenants and <br />agrees that the rec'dals so made shail be binding and conclusive upon the Grantor, and said conveyance shall be <br />effectual to bar all equity or right of redemption, homestead, dower, right of appralsement, and all other rights <br />and exemptions of the Grantor, all of which are hereby expressly waived and conveyed to the Trustee. In the <br />event of a sale as hereinabove provided, the Grantor, or any person in possession under the Grantor, shall then <br />become and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be <br />summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. The power <br />and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are <br />granted as cumulaUve to all other remed(es for the coilectlon of said indebtedness. The Beneficiary or Assigns <br />may take any other appropriate action pursuant to state or Federai statute either in state or Federal court or <br />otherwise for the disposition of the property. <br />SBA Form 930 (3-87) " 2 " <br />