Laserfiche WebLink
200002321 <br />default; (b) the action required to cure the default; (c) a date, not less than thirty (30) days from the <br />date the notice is given to Trustor, by which the default must be cured; and (d) that failure to cure <br />the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Deed of Trust and sale of the Property. The notice shall further inform Trustor of <br />the right to reinstate after acceleration and the right to bring a Court action to assert the non- <br />existence of a default or any other defense of Trustor to acceleration and sale. If the default is not <br />cured on or before the date specified in the notice, Beneficiary at its option may require immediate <br />payment in full of all sums secured by this Deed of Trust without further demand and may invoke <br />the power of sale and any other remedies permitted by applicable law. Beneficiary shall be entitled <br />to collect all expenses incurred in pursing the remedies provided in this paragraph, including, but <br />not limited to, reasonable attorney's fees and costs of title evidence. Thereafter Beneficiary may: <br />a. 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 <br />take possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, <br />and do any acts which it deems necessary or desirable to preserve the value, marketability or <br />rentability of the Trust Estate, or part thereof or interest therein, increase the income therefrom or <br />protect the security hereof and, with or without taking possession of the Trust Estate, sue for or <br />otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and <br />apply the same, less costs and expenses of operation and collection including attorneys fees, upon <br />any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering <br />upon and taking possession of the Trust Estate, the collection of such rents, issues and profits and <br />the application thereof as aforesaid, shall not cure or waive any default or notice of default <br />hereunder or invalidate any act done in response to such default or pursuant to such notice of <br />default and, notwithstanding the continuance in possession of the Trust Estate or the collection, <br />receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise <br />every right provided for in any of the Loan Instruments or by law upon occurrence of any event of <br />default, including the right to exercise the power of sale; <br />b. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, <br />or specifically enforce any of the covenants hereof; <br />c. Deliver to Trustee a written declaration of default and demand for sale, and a written <br />notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice <br />Trustee shall cause to duly filed for record in the appropriate official records of the County in which <br />the Trust Estate is located. <br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by <br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit <br />with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures <br />made and secured hereby as Trustee may require. <br />a. Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, <br />published and delivered to Trustor such Notice of Default and Notice of Sale as then required by <br />law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may <br />then be required by law and after recordation of such Notice of Default and after Notice of Sale <br />having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it <br />in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall <br />deem expedient, and in such order as it may determine, at public auction to the highest bidder for <br />cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such <br />purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so <br />DEED OF TRUST - Page 4 of 6 <br />