Laserfiche WebLink
der: <br />201407103 <br />I. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default hereun- <br />(1) Trustor shall have failed to make payment of any installment of interest, principal, or <br />principal and interest or any sum secured hereby within fifteen (15) days of when due; or <br />(2) There has occurred any other breach of or default under any term, covenant, agreement, <br />condition, provision, representation or warranty contained in this document, the Real Estate Purchase Contract, <br />or the Buyer's Promissory Note dated November 6, 2014, which has not been cured within fifteen (15) days <br />after mailing of written notice identifying such default. <br />J. ACCELERATION UPON DEFAULT. ADDITIONAL REMEDIES. Should an event of default <br />occur, Beneficiary may declare all indebtedness secured hereby to be due and payable and the same shall <br />thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, <br />Beneficiary may do any one or more of the following: <br />(1) Either in person or by agent, with or without bringing any action or proceeding, or by a <br />receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession <br />of the Trust Estate, or any part thereof, 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 or rentability of the Trust Estate, or part <br />thereof or interest therein, increase the income therefrom or protect the security hereof and, with or without <br />taking possession of the Trust estate, sue for or otherwise collect the rents, issues and profits thereof, including <br />those past due and unpaid, and apply the same, less costs and expenses of operation and collection including <br />attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The <br />entering upon and taking possession of the Trust Estate, the collection of such rents, issues and profits and the <br />application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate <br />any act done in response to such default or pursuant to such notice of default and, notwithstanding the continu- <br />ance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee <br />or Beneficiary shall be entitled to exercise every right provided for in any of the Loan Instruments or by law <br />upon occurrence of any event of default, including the right to exercise the power of sale. <br />(2) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or <br />specifically enforce any of the covenants hereof. <br />(3) Deliver to Trustee a written declaration of default and demand for sale, and a written notice <br />of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause <br />to be duly filed for record in the appropriate Official Records of the County in which the Trust Estate is located. <br />K. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of the <br />power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of <br />Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may <br />require. <br />(1) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published <br />and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of <br />Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after <br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the <br />Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots <br />or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to <br />the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall <br />deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation Trustor, Trustee <br />or Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant and defend the title of such <br />purchaser or purchasers. <br />(2) As may be permitted by law, after deducting all costs and expenses of Trustee and of this <br />Trust in exercising the power of sale and of the sale, including, but not limited to, the payment of a reasonable <br />trustee's fee not to exceed 'h of 1% of the gross sale price, reasonable attorney's fees, and costs of evidence of <br />title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) the obligation secured <br />herein and all sums expended under the terms hereof, not then repaid, with accrued interest at the default rate <br />provided in the Note, (ii) all other sums then secured hereby, (iii) junior trust deeds, mortgages, or other <br />lienholders, and (iv) the remainder, if any, to the person or persons legally entitled thereto. <br />(3) Trustee may in the manner provided by law, postpone sale of all or any portion of the Trust <br />Estate. <br />3 <br />