Laserfiche WebLink
( d71=u ortVJAA;lbcured, permitted or suffered, voluntarily or involuntarily, any creditor to obtain a Iles not <br />bem�yM��dt upon all or part of such property; Trustor or any guarantor of the indebtedness secured hereby shall <br />becoAttrirt boww of admit in writing its inability to pay its debts as they mature, or make an assignmont, fix *4 bttnefit of <br />ctreditorsor applyfor or consent toNteapWnhnent of a receiver or tn»teefor !tor fora subafartfialpartof VlX.h prpperty,or <br />i' such a regiver or trustee shall be appointed and shall not be discharged within thirty (30) days after appoinArnMtt; or <br />( ( a ) A writ of execution orallachment or any similar process shat! be issued or levied sgainstall or any partof or interest <br />in such propery.orany judgmentinvolving morlossy damages MW be entered against Trustor which shall become a lien <br />on such properyorporbon d ereotor inkm ttte ok and such execution, aflachmentor similar processor judgment le not <br />rel eased, bonded selislfed, vacated or slew within sixty ( W ) days after its entry or levy; or <br />(f) Bankruptcy, insolvency, reorganization, arrangement, or liquidation proceedings or 011,w- proceedings for relief <br />under any bankruptcy law or other law for the relief of deblors shall bo instituted by or agairlia Trustor or any Guarantor <br />horeol and if instituted against such parry shall be consented to or shelf not be dismissed within sixty( 60 ) days after such <br />institution; or <br />( g ) Trustor or any successor in IrrlWoM of Trustor. voluntarily or involuntarily should sell, exact, convey, V01110 r, <br />contract to sell. lease with option to pun those, sublease, dispose of, champ the character or use of, or further encumber <br />such property, or any part thereof, ocanry �r:lieresttherein, or if any said parbesshalt bedhoslad of We to such real property <br />of any part thereof. or any interest titterer xciluntarily or involuntarily, or if title to such-property be subjected to any lien or <br />charge voluntarily or involuntarily, cor**ctuai or statutory. without the written consent of Boneftfary be" brat had <br />oRrls reed. or <br />( h ) NTruaW.. isapartnershipandthe liaterestofa general partrerterminaN»,i sastiigrnedortransferred .or.isdiminished <br />in any roolm"cr if Trustor Is* corpQratop and a majority ofthevoting corporate stock 4transferred, sold oraselgned, or if <br />the Trustor is a Trustee of a trust and we is a change of any of the Bene(c al, InWest of the trust or <br />( i ► Trustor shall, without the consentof Beneficiary, create or consenttattf`tesestablishment of a district which has taxing <br />Powers. <br />ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES: In the &owl of any default hereunder. Beneficiary may. at � <br />itst option,: <br />( a ) TerminoW additional advances, it any, to be made under or pursuanterrtft Promissory Note or any building loan <br />agreeetertt . ... _ <br />( b ) Declare any sum secured hereby immediately due and payable and the same shall there upon become due and <br />layW* withmn any poem tinen demand. Protest or notice of any kind; or <br />( e ) At any time. with or without notice. either in person, by agent, or by receiver to be appointed by the Court without <br />regard to the adequacy of airy. security for the indebtedness secured hereby, enter upon and take possession of such <br />p ropefty or any perttherW..make, cancel, enforcoar modify leases; obtai nwW «ecttenants. sector modify rents; in ft own <br />niimosueorotlterwise cc>ikadtherertts. income, issues and profits thereof. iftcludingthose past due and unpMd;andapply- <br />rho same. less costs and expenses of operation. including rerasonabis Mlorrtey's fees. upon any IndsMsditm secured <br />hereby and in such order as Beneficiary may determine; and except for such applicaliorl. Benellchary shall notce Noble to <br />any person forthecollection or noncolllecction of any rents. income. issues of proflbfor the failure toassertor0 'tl6roeartyof <br />theforegoing rights, nor shall Beneficiary by charged with any of the duliissand obligations of a modglagee in possessions <br />Theentering upon and taking possession of such property.the collection atsuch rents, income, issuesor profits, the dowq L <br />of other acts herein authorized, and the application thereof as aforesaid. shall not cure or waive any default or notice of <br />default hereunder or invalidate any act done pursuant to such notice; or <br />( d ) Cause to befiled on record, a written notice of default and electionto sell such property. After the lapse of suchtime. <br />set them may be required by taw following recordation of such notice of dshult and notice of sale having been given as <br />required bylaw. Trustee without demand on Trustor shall sellsuich propwV.eilharasa whole or in separate pnreel i - and in <br />such order as itor Beneficiary may determine at public auction trothe highest bidder. The Trustee may posgtonpthesale of <br />all or any portion of such property by public announc eirrent at the time of sale. and from time to time thereafter, may <br />poe%ons the sail by public announcement at the time and place fixed by the proceeding pn Mpa,mim rut. Trustee shall <br />dohv r to such purchaswft deed conveying the property so sold. whits.t any covenant or warranty, express or UmiWmL <br />The recite) in such deed of any maws of fact or otherwise shall be conclusive proof of the truthfulness that Anyperson. <br />including Trustor. Trustee or Beneficiary, may purchase at said sale. Trustee may also sell at any such sale and as a part <br />thereof. any sham of corporate stock securing the obligation secured hereby. and Trustor waives demand and notice of <br />such sale. (Beneficiary at its option may also foreclose on such sharers by independent pledge sale. and Trustor waives <br />demand of not" of such sale.) After deducting all costs, fees and expenses of Trustee, and of this trust including coat of <br />evidence of tithe 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 Own to the person or persons legally entitled thereto. <br />if this Deed of Trust or any note secured hereby provides for any charge for prepayment of any indebtedness secured <br />hereby. Trustor agrees io pays" charge, if any of said indebtedness shall be paid prior to the maturity date thereof stated <br />in said nose or this Deed of Trust. even if and notwithstanding Trustor shall have defaulted In payment thereof. or In <br />podormenee of any aWownent hereunder, and Beneficiary by reason thereof, shall havedeclared alt sums secured hereby <br />u+dmediaWy due and Payable, <br />SCH, DUDE OF !EASES. Within tent 10 )days after demand, Trustor shall furnish to Trustee or Beneficiary a schedule. <br />carbNO by Trustor. #Moog forth all teases of such property. including. in each case, the name of the tenants or occupants. a <br />dwrtpbon of the space occupied by such tenant and occupant, the rental payable for such space and such other <br />;rYformaWm and documents with respect to such teases and tenancies as the Trustee or Beneficiary may request <br />COVf.NANTS OP TAilF,T0R WITH RESPF.CT TO LEASES Wimout the prior vct;tier` consent of Trustee or Beneficiary. <br />rrolOw tittai► r. 1, cl:rec:G y at :rtcf:vectiy, vr,tli 1e9petc1 ft► tern y ltras+e of Space in 1;vc;h property. Whether such lease :s nol cut <br />f•erealfierinhntltet.c'er f a Irrcceptof pefi rit tiny prryaymesrrt.d tsceruntoradv .iince1mymt+ntof rent thereunder. I b ;cancel t <br />r.y tt rrs..r;a�a trd Mine Cif accw any Jcanr.e4nt:ot+ feinimatron or uurre der ttrg;edrt cur Permit any "vent to arcuf Which <br />ti`1: le�`�:ttlittgr�l�S! t► N7t'. 1t1�P. rt`) r!' ttr :;t %tltrfl:tC�{tt;LCit�elufrYE? Ic )arY.0 "ttli t ('moterni J <br />