Laserfiche WebLink
continuance in possession of the Trust Estate or the collection, receipt, <br />and application of rents, issues, or profits, Trustee or Beneficiary shall be <br />entitled to exercise every right provided for in any of the Loan <br />Instruments; or by law upon occurrence of any event of default, <br />including the right to exercise the power of sale. <br />(b) Commence an action to foreclose this Deed of Trust as a <br />mortgage, appoint a receiver, or specifically enforce any of the covenants <br />hereof; <br />(c) Deliver to Trustee a written declaration of default and demand <br />for sale, a written notice of default and election to cause Trustor's <br />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 <br />County in which the Trust Estate is located. <br />11. Foreclosure by Power of Sale. Should Beneficiary elect to <br />foreclose by exercise of the Power of Sale herein contained, Beneficiary <br />shall notify Trustee and shall deposit with Trustee this Deed of Trust and <br />the Note and such receipts and evidence of expenditures made and <br />secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall <br />cause to be recorded, published, and delivered to Trustor such Notice of <br />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 <br />then be required by law and after recordation of such Notice of Default <br />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 <br />Sale either as a whole, or in separate lots or parcels or items as Trustee <br />shall deem expedient, and in such order as it may determine, at public <br />auction to the highest bidder for cash in lawful money of the United <br />States payable at the time of sale. Trustee shall deliver to such <br />purchaser or purchasers thereof its good and sufficient deed or deeds <br />conveying the property so sold, but without any covenant or warranty, <br />express or implied. The recitals in such deed of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. Any person, <br />including, without limitation, Trustor, Trustee, or Beneficiary, may <br />purchase at such sale and Trustor hereby covenants to warrant and will <br />defend the title of such purchaser or purchasers. <br />(b) As may be permitted by law, after deducting all costs, fees, and <br />expenses of Trustee and of this Trust, including costs of evidence of title <br />in connection with sale, Trustee shall apply the proceeds of sale to <br />payment of (i) all sums expended under the terms thereof, not then <br />repaid, with accrued interest at the rate of eigiht percent (8 %) per <br />5 <br />201600942 <br />