201702615 - Laserfiche WebLink

Browse

y �� 17�2� 15 4 Trustee or any receiver sha11 impair the status of the security of this I]eed of Trust, or cure �r waive any breach, Defau�x or notice of default under this Deed of Trust, or nu�lify the effect of an�r natice of default or sale �unless a11 S ecured�b��gatzons and any other sums then due hereunder have been paid in fu11 and Trustar has cured a11 other Defau�ts�, or prejudice Beneficiary or Trustee �n the exercise of any right or � remedy, or t�e construed as an aff�rmation by Beneficiary of any tenan�y, lease or aption of the Trust Property or a subardination of the�ien of this D�ed�f Trust. 4.5 �osts, Expenses and Attorneys' Fees. Trustor agrees to pay to BenefiCiary immediately upon demand the full amou.nt of all payments, ad�ances, charges, costs and expenses, including court costs and reasonab�e attorneysr fees, e�pended or in�urred by Trus�ee or Benef�ciary pursuan� to this Article N, whether incurred at the trial or appellate leve�, in an arbitration proceeding or otherwise, and including any of the forego�ng inCurred in connec�ion w�th any bankruptcy prflceeding�including v�ithout limitatian, any adversary proceeding, cantes�ed matter ar motion brough� by Benef�ciary or any other pers�n} rela�ing tn Trustor or in any vvay affe�ting any of the Trust Property or Benef�ciary's ability to exercise any of its r�ghts or remedies with respect thereto. All of the foregoing shall be paid by Trust�r with interest from the datie af demand until pai� in full at the highest rate per annum payable under any Secured�b�iga�ion. 4.7 Pow�r to File Notices and Cure Defaults. Trus��r hereby irrevocab�y appoints B�nef�ciary and its successors and assigns as Trustor's true attarney-in-fact to perform any of the fol�awing powers, �vh�ch agency is coupled with an interest: (a�to execute andlor re�ord any n�tices of completian, c�ssation of Ia�or, or any other no�ices that Benefciary deems appropriate to prot�ct Benef�ciary's interest; and�b}upon the occurrence af any ev�nt, act or�mission wh�ch wi�h the giving of noti�e ar the passage of time, or both, would constitute a Defau�t, to perform any obligation of Trustor hereunder; pra�ided howe�er, that Beneficiary, as such a�torney-in-fact, shall onl.y be ac�auntable for such funds as are aCtually received by Ben�fic�ary, and Beneficiary sha11 not be liable to Trustor ar any other person or ent�ty for any fa��ure to act under this Section. 4.$ Remedi�s Cumulativez No Waiver. All rights, pawers and remedie� of Beneficiary and Trustee hereunder are cumulat��e and are �n addition t� all rights, p�wers and remedies provided by law or ir� any �ther agreements between Trustar and Beneficiary. No delay, failure ar discontinua.nce of Benefic�ary in exercising any right,pow�r or remedy hereunder shal�affec�or op�rate as a wai�er of su�h right, pawer ar r�medy; nor sha11 any sing�e or par�ial exer�ise of any such right, p�w�r or remedy preclude,waive or otherwise affec�any�ther or further exercise thereof ar the exercise of any other right, power�r remedy. , , ARTICLE V. MIS�ELLANE�US PR�VISI�NS 5.1 No Mer er. No merger shall accur as a result of Benefi��ary's acquiring any other estate in, or any other lien on,the Trust Property unless Beneficiary specifically cansents to a merger in�vri�ing. 5.2 Execution of I]acuments. Trustor agrees, upon demand by Beneficiary or Trustee, to execute any and all documents and ins�rumen�s required ta effectuate the pr�visions hereof. 5.3 Ri h� of Ins ection. Bene�ciary or �ts agents or employees may enter on�o the Trus� Property at any reasonable time far the purpose af inspecting the Trust Property and ascertaining Trustor's compliance with the terms h�reof. 5.4 Notices Re uests for Notice. All notices, requests and demands which Trustor or Beneficiary is required or may desire to give to the other party must be in vvriting, delivered to each party at the following addresses: If to Benefic�ary: Michael�V. �arrett P.�.Box 1587 _�2_