201605317 - Laserfiche WebLink

Browse

(b) to the repayment of all sums expended by Trustee or Beneficiary in accordance with the terms of this Deed of Trust and the Loan Documents, together with accrued interest at the Default Rate; (c) to the payment of all sums owing on the Obligations; (d) the remainder, if any, to the person or persons legally entitled thereto. 3.06 Power to Purchase. Trustee, Beneficiary, or their designee, may purchase at any sale or sales made under or by virtue of this Article III. No recovery of any judgment by Beneficiary and no levy of an execution under any judgment upon the Property or upon any other property of Trustor shall affect, in any manner or to any extent, the lien of this Deed of Trust upon the Property, or any part thereof, or any liens, rights, powers or remedies of Trustee or Beneficiary hereunder, but such liens, rights, powers and remedies of Trustee and Beneficiary shall continue unimpaired as before. 3.07 Possession. Notwithstanding the appointment of any receiver, liquidator or trustee of Trustor, or of any of its property, or of the Property or any part thereof, Trustee and Beneficiary shall be entitled to retain possession and control of all Property now or hereafter held under this Deed of Trust, including, but not limited to, the Rents and Profits. 3.08 Other Remedies. Beneficiary may elect to exercise any other remedies at law or in equity. 3.09 Beneficiary's Other Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice (i) release any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed, at any time at Beneficiary's option any portion or all of the Property, (v) make compositions or other arrangements with debtors in relation thereto. 3.10 Remedies Not Exclusive. No remedy or right in this Deed of Trust is intended to be exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission of Trustee or Beneficiary in exercising any right or remedy contained in this Deed of Trust shall be construed to be a waiver of any Events of Default or any acquiescence therein; and every right and remedy given by this Deed of Trust to Trustee or Beneficiary may be exercised from time to time as often as may be deemed expedient by Trustee or Beneficiary. If there exists additional security for the performance of the obligations secured hereby, the Lender, at its sole option, and without limiting or affecting any of the rights or remedies hereunder, may exercise any of the rights and remedies to which it may be entitled hereunder, either concurrently with whatever rights it may have in connection with such other security or in such order as it may determine. 16 201605317