201702615 - Laserfiche WebLink

Browse

- 2� 17�2� 15 � (b} any representat�on ar vvarranty of Trustor herein shall pr�ve to he incorrec�, false or m�sleading in any mater�al respect when made; or �c}any default in the payment or perfflrmance of any obliga��on within � five �5� business days of the due date af any such paymen�, or any d�fined e�ent of d�fau�t, under any provisians of�he Notes or any other contract, �nstrument or document ex�cuted in connection with, or w�th respect to,any Secured�blzga�ian. 4.2 Ri�hts and Remedi�s. Upon the occurrence of any Default, and at any time thereafter, Beneficiary and Truste�shall ha�e a�l the fol��wing rights and remedies: �a} Wztih or v�ithouti na�ice, ta declare a11 Secured �b��gations immediately due and payable in fu�l. �b} With or without not�ce, w�thout re�eas�ng Trustor from any Secur�d �bligation an�i with�ut b�coming a mortgagee �n possession, ta cure any Default of Trustor and, in connecti�n therewith: �i�to enter up�n the Trust Prop�r�y and t�do such acts and th�ngs as Benefic�ary or Trustee deems necessary ar � desirable t� protect the security af �his Deed af Trust, inc�udi�ng without �imi.tation, to appea.r in and defend any action or praceeding purporting to affect the s�curity of�his Deed af Trust or the rights or pawers ❑f Beneficiary or Trustee hereunder; �ii}�a pay, purchase, cont�st or compramise any encumbrance, charge, lien or claim of li�n which, in the judgment af either Benef�c�ary or Truste�, is senior in priority to �his I]eed of Trust, the judgment of Beneficiary or Trustee being conclusive as be�ween the parties hereta; �iii�to obtain, and to pay any premiums or charges �vith respe�t to, any insurance required to be carried hereunder; and(�v}to emplay counsel, accountants, �ontract�rs and other apprapriat�p�rsons�o assist them. �c} To commence and maintain an act�on or actions in any c�urt �f competent j urisdicti�n to foreclose this I]eed of Trust as a mor�gage or to ob�ain specific enforcemen� af the covenan�s of Trustor under this I3eed �f Trust, and Trust�r agrees that such �ovenants sh�ll be spe��fically enfar�eab�e by inj uncti�n or any other appropriate equitable remedy. Far the purposes of any suit hr�ught under this subsection,Trustor waives the defenses of laches a.�d any applicable statute af limi.tatians. �d� Ta apply�o a c�urt of�ompetent jurisdiction far and abta�n appointment of a rec�iver of the Trust Praperty as a matt�r of strict right and without regard to: (i}the adequacy of the security f�r the repayment of the Secured��ligations; �ii}the ex�stence af a dec�aration that the Secured�b�igati�ns are immediately due and payable; or �iii}the fi�ing of a notice af default; an.d Trustor consents to such . appointment. �e} To take and possess all documents, �aoks, records, papers and accounts of Trustor or the then owner of the Trust Proper�y; ta make or modify agreemen�s with respect to, the Trust Prop�rty upon � such term� and conditions as Benef�ciary deems proper; and to make repairs, al�erations and improvemer�ts to the Trust Prop�rty deemed necessary, in Trus�ee's or Beneficiary's judgment, t� pro�ect or enhanc e the s e�urity hereo f. �� To exe�ute or cause Trustee�a execute a written notice of such Defaul�and of its elect�on to cause the Trus�Property�o be s�1d to satisfy the 5ecu.red�bligations. Trustee shall give and record such no�ice as the law�hen re�uires as a c�nd��ion precedent to a trustee's sale. Trustor requests that a copy af any n�tice of default and notice of sale be mai�ed t� Trustar at its mai�ing address set forth in 5ect�an 6.4 herein. When the minimum period of time required by�aw after such notice has elapsed,Trustee, without notice to or demand upon Trustor, excep�as o�h�rwise requ�red by law, shall sell the Trust Proper�y at the t�me and place of sale fixed by it in the nati�e of sale, at ane �r se�eral sales, either as a whoie or in � � separate parcels and in such manner and arder, all as directed by Benefic�ary in its so�e discretion, at pub�ic auctian to the highest bidder for cash, in lawful money of the United States, payab�e at the time of sale. Except as required by law, neither Trustor nor any other person or ent�ty shall ha�e the right �o direct the order in which the Trust Proper�y is sald. Sub��ct �o requirements and limits imposed by 1aw, -1�-