Laserfiche WebLink
FEE -25 -00 FRI 12:00 PM <br />200002094 <br />FAX; PAGE 3 <br />1, This conveyance is made upon and subject to the further trust that the said Truster shall remain in quiet <br />and peaceable possession of the above granted and described premises and take the profits thereof to his own use until <br />default be made in any payment of an installmenr due on said note or In the performance of any of the covenants or <br />conditions contained therein or in this Deed of Trust; and, also to secure the reimbursement of the Beneficiary or any <br />other holder of said note, the Trustee or any substitute trustee of any and attl costs and <br />reasonable attorneys fees, on account of any litigation which may arise with respect tot expen or twith respect to the <br />indebtedness evidenced by said note, the protection and maintenance of the property hereinabove described or in <br />obtaining possession of said property after any sale which may be made as hereinafter 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 or this <br />instrument, and upon the payment of all other proper costs, charges,commissions, and expenses, the above described <br />Property shall be released and reconveyed to and at the cost of the Trustor. <br />3. Upon default in any of the covenants or conditions of this instrument of or the note or loan agr e ement <br />secured hereby, the Beneficiary or his assigns may without notice and without regard to the adequacy of security for the <br />indebtedness secuieA either personally or by attoi* or agent without bringing any action or proceeding, or by a <br />receiver to be appointed by the court, cuter upon and take possession of said property or any part thereof, and do any <br />ass which Beneficiary deems proper to protect cite security hereof, and either with or without taking possession of said <br />property, collect and receive the rents, royalties, issues, and profits thereof, including rents accrued and unpaid, and apply <br />the same, less costs of operation and collection, upon the indebtedness secured by this i)eed of Trust, said rents, <br />royalties, issues, and profits, being hereby assigned to the Beneficiary as further security for the payment of such <br />indebtedness. Exercise of rights under this paragraph shall not cure or waive any default or notice of default hereunder <br />or invalidate any act done pursuant to such notice but shall be cumulative to any right and remedy to declare a default <br />and to cause notice of default to be recorded as hereinafter provided, and cumulative to any other right and /or remedy <br />hereunder, or provided by law, and may be exercised concurrently or independently. Expenses incurred by Beneficiary <br />hereunder including reasonable attorney's fees shall be secured hereby. <br />4. The Trustor covenants and agrees that if he shall fail to pay said indebtedness, or any part thereof, when <br />due, or shall fail to perform arty covenant or agreement of this instrument or of the promissory note secured hereby, the <br />entire indebtedness hereby secured shall immediately become due, payable, and collectible at the option of the <br />Beneficiary or assigns, regardless of maturity, and the Beneficiary or assigns may enter upon said property and collect <br />the teats and profits thereof. Upon such default in payment or performance, and before or after such entry,the Trustee, <br />acting in the execution of this Trust, after the notice of default has been recorded, shall mail a copy of the default to each <br />Person who is a party to this instrument, at the address set out in this instnunent, as well as to any person who has <br />requested any notice of default and notice of salt by recording said request for notice with the red -P ar -ds is the <br />county in which this instrument is recorded, and after the lapse of time which is required by law after mailing the notice, <br />the Trustee shall have the power to sell said prop', and it shall be the Trustee's duty to sell said property (and in case <br />of any default of any purchaser, to resell) at public auction, to the highest bidder, first giving five weeks, notice of the <br />time, terms, and place of such sale, by advertisement not less than once during each of said five weeks in a newspaper <br />published or distributed in the county or political subdivision in which said property is situated, and written notice of sale <br />shall be mailed to each person who is a party to this instrument at the address set forth herehk(and the Beneficiary or <br />any person on behalf of the Beneficiary may bid and purchase at such sale). Such sale will be held at a suitable place <br />to be selected by the Beneficiary within said county or political subdivision. The Trustee is hereby authorized to execute <br />and deliver to the purchaser at such We a sufficient conveyance of said property, which conveyance shall contain recitals <br />as to the happening of default upon which the execution of the power of sale herein granted depends; and the said <br />Trustor hereby constitutes and appoints the Trustee as his agent and attorney in fact to make such recitals and to execute <br />said conveyance and hereby covenants and agrees that the recitals so made shall be binding and conchtcivc upon the <br />Truster, and said conveyance shalt be effectual to bar all equity or right of redemption, homestead, dower, right of <br />appraisement, and all other rights and exemptions of the Trustor all of which are hereby expressly waived and conveyed <br />to the Trustee. In the event of a sale as hereinabove provided, the Trustor or any person in possession under the <br />Trustor, shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser at such <br />sale or be summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. The <br />power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are granted <br />as cumulative to all other remedies for collection of said indebtedness. The Beneficiary or Assigns may take any other <br />