|
_l�.�. .. . .. . . '
<br /> , ,
<br /> � .,.._ . „ � .. ,� .. _ _
<br /> :... -.�,...: ' . , .
<br /> � ..
<br /> . _. _...- �----- ---... .-- - .. ._ *--- -
<br /> .._....-..--
<br /> .,.,.-
<br /> : , . � , .. .. _�_'�� -_
<br /> � , ., � ., � , .._
<br />, .�o,
<br /> . , _ �
<br /> , ; ,. � . � -_
<br /> � ..°:�:.
<br /> . �•. .'e►$y�';3�'��. _ .... . • �. . _ _
<br /> : .. ,��1�
<br /> I ,r�--
<br /> 1
<br /> � `�,__,'
<br /> •,�."`� � 97� �1U932 .__
<br /> . N �. �..�_:
<br /> Beneficiary may also direct T�rustee, and Trustee shall be empowered, to i'oreclose the Trust ._��--
<br /> Property by advertisement and exercise of sala under applicable law. - �=
<br /> 8, Attorney�'ees; Proceeds of Sale. If foreclosure be made by Trustee, reasonable -- --
<br /> attorney fees for services in the supervision of foreclosure proceedings shall be allowed by Trustee .F:` _
<br /> ;, as part�f the costs of foreclosure. After deducting all costs, fees and expenses of Trustee and of j.,,-
<br /> this Deed of Trust, including cost of evidence of tide in connection with sale, Trustee shall apply �'�_
<br /> :���� the proceeds of sale to payment�f all sums expended under the terms hereof, not then repaid, with �-
<br /> � accreied interest at the Default Rate as herein provided; all other sums ihen secured hereby; and the _
<br /> ~ remainder, if any, to the person or persons legally entitled thereto.
<br /> �
<br /> �. 9. Exgenses and Attorney Fees. If Beneficiary refers the Note to an attorney for -
<br /> collection or seeks legal advice fallowing a default alleged in good faith euider the Note; if -
<br /> � Bene�iciary is the prevailing party in any litigation. instituted in connection with thE Note; or if
<br /> �:
<br />- � Bene�iciary or any other person uutiates any judicial or nonjudicial action, suit or proceeding in
<br /> connection with the Note,the indebtedness evidenced thereby or the security therefor{including,
<br /> - i but uuc tunit�to, an action to rsra•rer�.�sses�ion of t�e'�'n�st Prn�rty after foreclosure), and an
<br /> ______,__��_] attorney is employed by Beneficiary to (a) appear in any such action, suit or proceeding, or (b)
<br /> . � reclaim. seek relief from a judicial or statutory stay� sequester� protect, preserve or enforce
<br /> . �� Beneficiary's interest in the Note, the Deed of Trust or any other securiry for the Note(including —
<br />- � � but not limited to proceedings under federal banlQUptcy law, in eminent domain, under probate
<br /> proceadings�appellate reviews,or in connecdon with any state or federal tax lien),then,in any such
<br /> � `� event�to the extent allowed by law�Trustor shall pay attorney fees and costs and expenses incurred
<br /> by Heneficiary and/or its attomey in connection with the above-mentioned events and any appeals
<br /> related to such events, including but not limited to costs incuned in searching records,the cost of
<br />-, tide reports, the cost of appraisals, the c�st of surveyors' reports and the cost of environmental
<br />;, ,' " surveys. Trustor ack-nowledges and agrees that such fees and expenses shall be deemed to be
<br /> • advances to protect Beneficiary's interest in the Trust Property, and may be charged and collected
<br />- from Trustor in connecrion with a reinstatement following a default hereunder. If not paid within
<br /> ten (10)days after such fees, costs and expens�s become due and written demand for payment is
<br />- �- = made��pon Trustor,such amount may,at Beneficiary's oprion,be added to the principal of the Note �
<br /> - ��` and shall bear interest at the Default Rate.
<br /> � �� � 10. BWding Effect; Waiver of Defenses; Interpretatfon. This Deed of Trust applies
<br /> r� to, inures to the benefit of� and binds all parties hereto, thcu heirs, legatees, devises,
<br /> � ' administrators, executors,successors and assigns. The right to plead any Statute of Limitati.ons in
<br /> , any suit brought upon the Note or the indebtedness thereby evidenced or to foreclose or enforce this --__
<br /> . . i �a:�._�-
<br /> Deed of Trust or arising therefrom or by reason of any default of Trustor, is hereby waived to the ��-=--
<br /> ,-_�.-._
<br /> - . �'; � full extent permissible by law. The term Beneficiary shall mean the owner and holder, including --"-
<br /> pledgees, of the Note secured hereby, whether or not named as Beneficiary herein. In this Deed
<br /> ! of Trust, whenever the context so requires, the masculine gender includes the feminine andlor
<br /> , ' neuter, and the singular number includes the plural.
<br /> �
<br /> Dted of Trust.Astignmcnt of Rents.Securiry Agrocment uid Pixture Filing(NE-9/97)
<br /> PAGE 14
<br /> . � P:\CIAS[NGVIBENI)IK�DOCS�1947�FAZOLI'5�97092314\DOT.W P6
<br /> I
<br /> I
<br /> ;
<br /> ' .. _ _
<br /> a
<br /> ' .�j _
<br />
|