201702613 - Laserfiche WebLink

Browse

1 � 2� 17�2� 13 , (h) Upan sa1� af the Trust Praperty a� any judicial �r nan-judic�al foreclosure, Beneficiary may credit bid �as determin�d by Be�.eficiary in its sole discretion� all or any por�ian af �he Secured �bligatians. Ira determining such cred�t bid, Beneficiary may, bu��s not ab�iga�ed to,take in�o acc�unt a�l ar any of the fol�awing: �i� appra�sals of �he Trus� Property as such appraisa�s may be discounte�i �r adjusted by Beneficiary in�ts so�e underwriting��scretian; (ii� expenses and costs incurred by Benefic�ary with respect �o the Trust Property priar �o f�reclasur�; �ii�} expenses and CflStS which B�neficiary ant�c�pa�es will be incurred vvith respect to the Trust Property after forec�osu.re, but pr�or to resale, includ�ng w�thaut �imitati�n, cos�s �f structural reparts and �ther due di�igence, cos�s ta carry the Trust Proper�y pri�r to resale, casts of resal� �e.g., camnussions, attarn�ys' fees, and ta�es}, Hazar�ous Materials clean-up and moni�oring, deferred maintenanc�, repa�r, refurbishment and retrofit, and costs of �iefen�ing or settling litigation aff�cting the Trust Property; �iv� declining trends in real proper�y �alues general�y and with respec� to praperties similar t� the Trust Proper�y; �� ant�cipated d�scour�ts upon resale af the Trust Proper�y as a distressed ar foreclosed property; �vi} the e�is�ence of addi�ional collateral, if any, for the Secured �b��gations; and �vii} such other fac�ors �r matters that Beneficiary deems appropriate. Trustor acknowledges and agrees that: (A}Beneficiary is not r�quired ta use any or all of the forego�ng factors to det�rmine the amoun� nf its credit bid; �B)this Section does not impose upon B�nef�czary any additional obligatians that are not impased by lavv at�he��me the credi�hid�s made; (C}the amount of Beneficiary's credit bid need n�t have any relation to any loan-to-�alue ratios specif�ed in any agreernent bet�veen Trustior and B�nef�czary �r previously discussed by Trustor and Beneficiary; and �D}Ben�ficiary's cred�t bid may be, at Beneficiary's sole d�scretion, higher or lower than any appraised value of the Trust Property. 4.3 A ��cation of Farec��sure Sale Proceeds. After deductzng all costs, fees and expenses �f Trustee, and of this trust, including costs of ev�dence of title and attarneys' fees in conriec�ion w�th a sale, a�l proceeds of any foreclasure sale shall b� applied f�rst, to payment of a�I Secured �bligat�ans �including without l�mi�ation, a1� sums expended by Benef ciary under the �erms here�f an� not then repaid, w�th accrued�n�erest at the high�st rate per arulum payable under any Secured�bligation},in such order and amounts as B�neficiary in its sole discretion shall determine; and the remainder, �f any, to th� pers�n or persans Iegally ent��led�hereto. 4.4 App�ication of ��her 5ums. A�1 sums recei�ed by Beneficiary or any agent or receiver hereunder, less all costs and expenses incurred by Beneficiary or such agent or re�eiver, including reasonahle attorneys' fees, sha11 he applied to payment of the Secured �biigations in such order as Beneficiary shall determ�ne �n its so�� discretion; provided however, that Beneficiary shal� have no liability for funds not actual�y received by Beneficiary. 4.5 No �ure or Waiver. Neither Benef�ciary's, Trustee's or any re�eiver's entry upon and taking possession of�he Trust Property, nor any ca�lection of Rents, insurance proceeds, �ondemna�ian proceeds or damages, other security or proceeds of other security, or other sums, nor the applicati�n of any collected sum to any Secured �b��gation, nor the exercise of any other right or remedy by Beneficiary, Trustee or any r�cei�er shal� impair the sta�us of the security af this Deed of Trust, or cur� or wa��e any breach, Defau�� or notice of default ux�der th�s Deed of Trust, or nu��ify the effect af any no��ce of defau�t �r sale �unless all Secured�bligatians and any�ther sums then due hereunder have been paid�n full and Trustor has cured a�� o�her 17efaults), or prejudice B�neficiary ar Trustee in the exercise of any right or remedy, or be cons�rued as an affirmation by Beneficiary of any tenancy, lease �r option of the Trust � � Prnperty or a subordinatian of the lien�f this Deed af Trust. ' � 4.� �osts Ex enses and Attorne s' Fees. Trustor agrees to pay to Benef�ciary immediately , up�n demand the fu�� amaunt of a1� paym�nts, advances, charges, costs and expenses, in�ludir�g cour� costs and reasonable attorneys' f�es, expended or incurred by Trust�e ar Ben�ficiary pursuan� to this Article N, whe�her ir3�urred at the trial or appellate le�el, in an arbitratian proc�ed�ng or otherwise, and � �ncluding any of the faregoing incurred in cannec�ian w�th any bankruptcy proceeding (�ncluding without _�1.. �