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agt.. 102547 <br />I d) Truster shall have procured, permitted or suffered, voluntarily or Involuntattly, any creditor to obtain a lien not <br />permittead herein upon all or part of such property; Trustor or any guarantor of the indebtedness secured hereby shall <br />become insolvent of admit in writing its inability to pay its debts as they mature, or make an assignment for the benefit of <br />creditors or apply for or consent to the appointment of a r neiver or trustee for it or for a substantial part of such property, or <br />such a receiver or trustee shall be appointed and shall not be discharged within thirty (30) days after appointment or <br />( e ) A writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest <br />to such property, or any judgment involving monetary damages shall be entered against Trustor which shall become a lien <br />on such propertyor portion thereotor interesttherein and such execution. attachment or similar process orjudgment is not <br />released, bonded, satisfied. vacated or stayed within sixty ( 60 ) days after its entry or levy; or <br />(f) Bankruptcy. insolvency, reorganization, arrangement. or liquidation proceedings or other proceedings for relief <br />under any bankruptcy law or other law for the relief of debtors shall ba instituted by or against Trustor or any Guarantor <br />hereof and if instituted against such patty shall be consented to or shall not be dismissed within sixty( 60 ) days after such <br />institution; or <br />( g ) Trustor or any successor in interest of Trustor, voluntarily or involuntarily should sell, exact, convey, transfer. <br />contract to sell. lease with option to purchase, sublease, dispose of, change the character or use of, or further encumber <br />brit O property, zany part thereof, or any interest therein. or if any said parties shall be divested of title to such real property <br />of any part thereof, or any interest either voluntarily or involuntarily, or if title to such property be subjected to any lien or <br />charge voluntarily or involuntarily, contractual or statutory, without the written consent of Beneficiary being first had <br />obtained. or <br />( h.) If Trustor Isis partnership and the interestof a general partner terminates. is assigned or transferred, or is diminished <br />in any respect, or if Trustor is a corporation and a majority of the voting corporate stock istrwspfesrt:d. sold orassigned, or if <br />the Trustor is a Trustee of a trust and there Is a change of any of the Beneficial interest of the trust; or <br />( i ) Trustor shall, without the consent of Beneficiary, create or consent to the establishment of adisthct which has taxing <br />po"1Kecs. <br />ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES: In the event of any default thereunder. Beneficiary may. at <br />its option,: <br />( a) Terminate additional advances, if any, to be made under or pursuant to the Promissory Note or any building loan <br />agreement or <br />i t v) Deefarer any sum-secureri hereby immediately due and payable and the some snatt there upon isecome Bete arto <br />payable without any presentment demand. protest or notice of any kind; or <br />f c ) At anytime, with or without notice, either in person. by agent, or by receiver to biz- appointed by the Court without <br />regard to the adbquacy of any security for the indebtedness secured hereby, enter up m. and take possessions of such <br />property or any part thereof, make, cancel, enforce w. modify leases; obtain and eject tenants, set or modifyfentd; in its own <br />namesue or otherwise colleetthe rents, income, issuesand profits thereof, including those past due and unpaid; and apply" <br />the sipme• less costs and expenses of operation, including reasonable attorney's fees, upon any todebtedness secured <br />hereby and in such order as Beneficiary.may determine; and except for such applicatiorr,:geneficlary shall not be liable to <br />any person for thecollection or noncolleetion of any rents. income. issues or profits for tfrefasferetoassertorenforceanyof <br />the foregoing rights. nor shall Beneficiary by charged with any of the duties and obfigatfattm¢t im tirr."agee in possession. <br />The entering upon and takingpossession of such property,the collection of such rents, itri:6 .Issues or profits. the doing, <br />of other acts herein authorized. and the application thereof as aforesaid, shall not cure or wative any default or notice of <br />default hereunder or invalidate any act done pursuant to such notice; or <br />( O t:Causeto belled on record, a written noticemldefault and election to sell such property. After the lapse of such time <br />as tip may be required by law following recordaftian of such notice of default, and notice of sale having been given as <br />req:itred by law. Trustee without demand on Trustor shall sell such property, either as a whole or in s Wrate parcels. and in <br />such order as it or Beneficiary may determine at public auction to the highest bidder. The Trustee may postpone thiasale of <br />all or any portion of such,property by public announcement at the time of sale. anct tram time to time thereafter. may <br />postpone the sale by public announcement at the time and place fixed by the proceeding postponement Trustee shall <br />defiliiierto such purchaser its deed conveying the property so sold, without any Covenant or warm tty, express or impoed;. <br />The recital In such deed of any matters of fact orotherwise shall beconclusiveprootofthetruthfufn ea *Vereof.Any n. <br />including Trustor, Trustee or Beneficiary. may purchase at said sale. Trustee may also sell at any such safe- anrd"es a part <br />thereat, any shares of corporate stock securing the obligation secured hereby. and Trustor waives demandw4notice of <br />such sale. (Beneficiary at its option may also foreclose on such shares by independent pledge safe, and Trustor waives <br />demand of notieeof such sale.) After deducting all costs, tees and expenses of Trustee. and of thistrust, including cost of <br />evidence of title in connection with such sale, Trustee shall first apply the proceeds of sale to the payment of all sums <br />expended under the terms hereof, not then repaid, with accrued interest at the rate then payable under the note or notes <br />secured hereby, and then to payment of all other sums secured hereby, and if thereafter there be any proceeds remaining, <br />distribute them to the person or persons fegally untitled thereto. <br />It this Deed of Trust or any note secured hereby provides for any charge for prepayment of any indebtedness secured <br />hereby. Trustor agrees to pay said charge, if any of said indebtedness shall be paid prior lathe maturity datethereof stated <br />In said note or this Deed of Trust even it and notwithstanding Trustor shall have defaulted in payment thereof, or to <br />performance of any agreement hereunder. and Beneficiary by reason thereof, shall have declared af: sums secured hereby <br />Immediately due and payable. <br />SCHEDULE OF LEASES Within ten ( 10 )days, after demand. Trustor shall furnish to Trustee of Beneficiary a schedule. <br />certified by Trustor, setting forth all teases of such property, Including, in each case, the name of the tenants or occupants. a <br />cfescnptton of 11"19 space occupied by such tenant and occupant. the rental payable for such space and such other <br />ittformation tints documents w1M respect to such teases and tenancies as the Trustee or Senefu:taty may request <br />COVENANTS OF TRUSTOR WITH RESPECT TO LEASES Wdhout the prior wrllten conseril of T.tisfee or f3eneflclary <br />Truster shali nal. tttret.tly of tnd:rectly, wlfh 103pf:r t to any leash of Space in such prOpe" w► +t!tn +lr :rt: r+ least- not or <br />►.erLo°t►tm,meamtence ( a) accept nt peffit Aan v Prepayment di% trjuntnrad van c (r Pay Mort rif- r wt? bill ►?t.r, der i t+ 1I artce, <br />eo let fit, rate the sar'rte fit suitentlar thereat t>r ttmoto ruin• evert to 't t •.,• wh: <.h <br />Mt•.:,*I07' 1"o this 1prS i•i) tElit: rain1.rsrr•:Itt1 u; rra'i7 rr7i' r ;,Jrf91't (t` 'rr+`'t ry 1ht•ci.rNdl ' {;1 .! .+ •,•` t•It,1•f1a t11 <br />7 <br />'�ir_ <br />IN <br />