201506887 - Laserfiche WebLink

Browse

2O1506W ' bidder, the purchase price payable in lawful money of the United States at the time of sale. The person conducting the sale may, for any cause he deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than (1) day beyond the day designated in the notice of sale, notice thereof shall be given in the same manner as the original notice of sale. Trustee shall execute and deliver to the purchaser his Deed conveying the Property sold, but without any covenant or warranty, express, or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Beneficiary, may purchase at the sale. (b) When Trustee sells pursuant to the, powers herein, the Trustee shall apply the proceeds of the sale to payment of the costs and expenses of exercising the power of sale and of the sale, including the payment of the Trustee's Fees actually incurred, and then to the items in subparagraph (c) in the order there stated. (c) After paying the items specified in subparagraph (b) if the sale is by Trustee, or the proper court and other costs of foreclosure and sale if the sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated to the payment of: (i) Cost of any evidence of title procured in connection with such sale and of any revenue stamps; (ii) All sums then secured hereby; (iii) All sums secured by junior trust deeds mortgages or other lienholders; (iv) The remainder, if any, to the person legally entitled thereto. 11. Duties and Obligations of Trustee. (a) The duties and obligations of Trustee shall be determined solely by the express provisions of this Trust Deed and Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth herein, and no implied covenants or obligations shall be imposed upon Trustee; (b) No provision of this Trust Deed shall require Trustee to expend or risk his own funds, or otherwise incur any financial obligation in the performance of any of its duties hereunder, or in the exercise of any of its right or powers, if it shall have grounds for believing that the repayment of such funds or. adequate indemnity against such risk or liability is not reasonably assured to it; (c) Trustee may consult with counsel of his own choosing and the advice of such counsel shall be full and complete authorization and protection in the respect of any action taken or suffered by it hereunder in good faith and reliance thereon; (d) Trustee shall not be liable for any action taken by him in good faith and reasonably believed by him to be authorized or within the discretion or rights of powers conferred upon it by this Trust. Deed. 12. Due on Sale. If the Trustor shall.sell, convey, transfer, or dispose of or further encumber the real property described in this Trust Deed securing -the debt - evidenced by the note, or any part of such property, or any interesttherein, or agree to do so without the written consent of the Beneficiary being first obtained, the Beneficiary shall have the right, at its option, to declare the entire balance of the unpaid principal and accrued interest to be immediately due and payable and require prompt payment by Trustor. Failure to exercise such option shall not constitute a waiver of the right to exercise it in the event of a subsequent default. 13. Miscellaneous.