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. <br /> 200 � 01124 <br /> use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or <br /> not then due. The thirty(30) day period will begin when the notice is given. <br /> 5, WASTE. That the Borrower shall not commit or suffer any waste of the property. <br /> 6. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br /> give Bonower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br /> 7. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in <br /> connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of <br /> condemnation, are hereby assigned and shall be paid to Lender. <br /> 8. BORROWER NOT RELEASED; FOREBEARANCE BY LENDER NOT A WAIVER. Extension <br /> of the time for payment or modification of amortizarion of the sums secured by this Security Instrument granted <br /> by Lender to Borrower or any successor in interest of Borrower shall not operate to release the liability of the <br /> original Bonower or Bonower's successors in interest. Lender shall not be required to commence proceedings <br /> against any successor in interest or refuse to e�end time for payrnent or otherwise modify amortization of the <br /> sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br /> Borrower's successors in interest. Any forebearance by Lender in exercising any right or remedy, shall not be a <br /> waiver of or preclude the exercise of any right or remedy. <br /> 9. DEFAULT. That, if the Borrower defaults in any of the covenants or agreements conta.ined herein or <br /> in performance of the Promissory Note(s) secured hereby, then the Beneficiary may perform the same and that <br /> all expenditures made by Beneficiary in so doing shall draw interest at the rate provided in the Promissory <br /> Note(s) and shall be repayable by Borrower to Beneficiary and, together with interest and costs accruing <br /> thereon, shall be secured by this Deed of Trust. <br /> lO.ACCELERATION UPON DEFAULT. If the Borrower defaults in the payment of any installment of <br /> principal or interest due under said Promissory Note(s) or if the Bonower defaults in the perforrnance of any <br /> other covenant or agreement to be performed under said Promissory Note(s) or this Deed of Trust, or if a <br /> trustee, receiver or liquidator of the Property or of Borrower shall be appointed, or any of the creditors of <br /> Bonower shall �le a petition in bankruptcy against Bonower, or for the reorganization of Borrower pursuant to <br /> the Federal Bankruptcy Code or any similar law, whether federal or state, and if such order or petition shall not <br /> be discharged or dismissed within thirty (30) days after the date on which such order or petition was filed. <br /> Bonower shall file a petition pursuant to the Federal Bankruptcy Code or any similar law, federal or sta.te, or if <br /> Borrower shall be ajudged a bankrupt, or be declared insolvent, or shall make an assignment for the benefit of <br /> creditors, or shall admit in writing its inability to pay its debts as they become due, or shall cansent to the <br /> appointment of a receiver of all or any part of the property. <br /> Upon the occurrence of any of the above described faults, or anytime thereafter, Beneficiary may, at its <br /> option, declare all the indebtedness secured hereby immediately due and payable and the same shall bear <br /> interest at the default rate, if any, set forth in the Note, or otherwise at the highest rate permitted by law, and, <br /> irrespective of whether Beneficiary exercises said option, it may, at its option and in its sole discretion, without <br /> any further notice or demand to or upon Trustor, do one or more of the following: (a) Beneficiary may enter <br /> upon, take possession of, manage and operate the Properiy or any part thereof, make repairs and possession, in <br /> its own name, sue for or otherwise collect and receive rents, issues and prafits, including those past due and <br /> unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney <br /> fees and Beneficiary's costs, upon the indebtedness secured hereby and in such order as Beneficiary may <br /> determine. The entering upon and taking possession of the Property, the collection of any rents, issues and <br /> profits, and the application thereof as aforesaid, shall not cure or waive any default theretofore or thereafter <br /> occurring, or affect any notice of default or notice of sale hereunder or invalidate any act done pursuant to any <br /> such notice. Beneficiary may bring any action in any court of competent jurisdiction to foreclose this Deed of <br /> Trust or enforce any of the covenants hereof and Beneficiary may elect to cause the Property or any part thereof <br /> to be sold under the power of sale, and in such event, Beneficiary may elect to cause the Property or any part <br /> thereof to be sold under the power of sale, and in such event, Bene�ciary or Trustee shall give such notice of <br /> default and notice of sale as may be then required by law. <br /> 11. POWER OF SALE. That the Borrower hereby confers upon the Trustee a power to sell the <br /> property which the Trustee may exercise and under which the property may be sold in the manner provided by <br /> law. At the option of the beneficiary, this Deed of Trust may be foreclosed in the manner provided by law for <br /> the foreclosure of mortgage on real property. That, if a sale of the property by the Trustee is exercised under <br /> this power of sale, the proceeds shall be applied first to the payment of the costs and expenses of exercising the <br /> power of sale, including the fee of the Trustee in an amount not to exceed two per cent (2%) of the sale price <br /> then to the payment of the obligation secured by the Deed of Trust and the balance, if any, to the person or <br /> persons legally entitled thereto. <br /> 12. ACCELERATION IN THE EVENT OF TRANSFER. In the event the title to the said real estate is <br /> transferred, or contracted to be transferred, from the undersigned for any reason or by any method whatsoever, <br /> the entire principal sum and the accrued interest shall at once become due and payable at the election of the <br /> Beneficiary. Failure to exercise this option because of transfer of title as above sta.ted in one instance shall not <br /> constitute a waiver of the right to exercise the same in the event of any subsequent transfer. <br />� <br /> i <br />