Laserfiche WebLink
■ <br />oil <br />iJ <br />L <br />88_ 1046$? <br />(4)i7terstur albeit have4towred. permitted or suffered, voluntarily or involuntarily. any creditor to obtain a lien not <br />pertrijltod.herein upon all or part of such property; Trustor orany guarantor of the indebtedness secured hereby shall . <br />iffagprrr)p insolvent of admit in writing its Inability to pay ifs debts as they mature, or make an assignment for the benefit of <br />cr it Morapplyfororconsenttptheappointmentofareceiverortrusteetoritortorasubstantiatpartofsuchproperty ,or <br />such a receiver ar hustee shall be appointed and shall not be discharged within tttirty (30) days after appointment: or <br />( e )A wratofexecution arattachmentorany similar processshall be issued orlevied againstall orany part oforinterest <br />in such pt.operty oranyiudl ament InvolvingmonetarydanlagesshallbeenteredagainstTrus torwhichshallbecomealien <br />onsuO040 ityrorportionthereotorinterestthereinandsuchexecution, attachmentorsimilarprocessorjudgmantisnot <br />r0eaW. °bb+tded, satisfied. vacated or stayed within► sixty ( 60 ) days after its entry or levy; or <br />(t ) P. hire ptcy, insolvency, reorganization, arrangement, or liquidation proceedings or other proceedings for relief <br />undorohycattlnkruptcy law or other law for the relief of debtors shall be instituted by or against Trustor or any Guarantor <br />hereof if;iRatituted againstsuch party shall be consented to or shall notbe dismissed within sixty ( 60 ) days after such <br />ins6tutlu"tt;: -�rs.� . <br />(: ),Trustor or any successor in interest of Trustor, voluntarily or involuntarily should sell, exact, convey, transfer. <br />crmtract to sell, lease with option to purchase, sublease. dispose of, change the character or use of, or further encumber <br />464[t prcpe.M. orany patethereof, orany interesitherein, or itatnyssid partiesshalf bedivestedof title tosuch real property <br />r3f oy par: thereof, or any interest either voluntarily or Invro mtarily, or if titlo to suc4 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 />aboined, or <br />( h )I1 Trustor is a partnership and the interest of a generalp ie merterminates, is assigned or transferred, oris.diminished <br />in any respect. or if Trustor isa corporation and a majority of ti-�*voting corporate stock is transferred, sold orasdgned, or If <br />the Trustor is a Trustee of a trust and there is a change of ary of the Beneficial interest of the trust; or <br />(i ) Trustor shall. with-Dut the consent ofBeneficiary, create or conser2i? a.the establishment ofa district which hastaxi6Z <br />powers. <br />At =4ERA,1 TON UPON DEFAULT, ADDiTI©IUAi+- taEMEDIES: In thee ievit of any default hereunder. Beneficiary may, at' <br />:fiifaCr�(3:E+jYL: . <br />( a ) Term 'na k addiiional advances, if any, to be `made ur.vefr sir pursuant to the Promissory Note or any building loan <br />agreement; or <br />( b ) Declare any sum secured hereby immediately due and payable ed the same shall there upon become due and <br />payable without any presentment, demand. protest or notice of any kind; or <br />( c ) At any time, with or without notice, either in person, by agent, or by receiver to be appointed by the Court without, <br />reprd to the adequacy of any security for the indebtedness secured hereby. enter upon and take possession of suci?: <br />givr�erty or any part thereof, make. cancel, enforce or modify leases; obtain and ejeettenants, set or modify rents; In its owin <br />+nesue or otherwise collectthe rents, income, issaesand profits thereof, including those past due and unpaid; and apply <br />the same, leis costs and expenses of operation, including,, rree sonable attorney's fees, upon any indebtedness secured <br />hereby and in such order as Beneficiary may determine. arid, +rp opt for such application. Beneficiary shall na -be liable to <br />anypersc.' atarltte collection ornoncollectionof any rents, income. issu"v or profits for thefailureMassert orenforeeanyai <br />6vofore itt'r fights, norshallBeneficiary bychargedwithanyofthed�Aymitndobligationsofamaytgageeinpossessiart <br />"!i "rteerrfwS r- 4ui ponandtakingpossessiono1suchproperty ,thecollectior;rni'iaachrents, income ,issuesorprofits.theddirV.. <br />ofdr. 0 *MJNt vein authorized, and (me application thereof a3 aforesaid, sha:l 4' of or waive any default or notice of <br />dq�kult hereunder or invalidate any a . done pursuant to sv , notice; or <br />{ d ) Cause to be filed on record, a written notb'm01 defaultand election to sell such property. Afterthe lapse of such time <br />as then May be required by law following recac-faflon of %;0 notice of default, and notice of sale having been given as <br />required bylaw, Trustee without demand on Trustor shall seil'tiuch property, either as a whole or in separate parcels. and in <br />such order as it or Beneficiary may determine at public auction lo the highest bidder. The Trustee may postpone the sale of <br />aq or any portion of such property by public announcement at the time of sale, and from time to time thereafter. may <br />4xalpone the sale by public announcement at Me tame and place fixed; by the proceeding postponement Trustee shall <br />dollvw to such purchaser its deed conveying &A� property so sold, without any covenant or warranty. express or implied. <br />Tho recital Ire, sr4ch deed of any matters of fact or otherwise shall be conclusive proof ofthetruthfulness thereof. Any person, <br />ircluding TruMor, Trustee or Bereficlary, may purchase at said sale. Trustee may also sell at any such sale. and as a part <br />thereof. any shares of corporate stock securing the obligation secured hereby. and Trustor waives demand and notice of <br />such sale. (Beneficiary at its option may also fotuctose on such shares by 'Independent pledge sale, and Trustor waives <br />eferttand of notice of such sale.) After deducting all casts. fees and expenses of Trustee, and of this trust, including cost of <br />evidence of title in connection with such safe, 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, andthen to paymentof all other sums secured hereby, and if thereafter there be any proceeds remaining, <br />distribute them to the person or persons legally entitled thereto. <br />If this Deed of Trust or any note secured hereby provides for any change for prepayment of any indebtedness secured <br />hereby. Trustoragrees to pay said charge, if any of said indebtedness Shall be paid prior tothe maturity datethereof stated <br />in said note or this Deed of Trust, even if and notwithstanding Trustor shall have defaulted in payment thereof, or in <br />perforrtlanCe Otany agreement hereunder, and Beneficiary by reason thereof, shalt nave declared all sums secured hereby <br />immediately due and payable. <br />SCHEDULE OF LEASES: Within ton( 10 )days after demand, Trustor shall furnish to Trustee or Beneficiary aSchedule. <br />certified by Trustor, setting forth all leases of such property, including, in each case, the name ofthe tenants or occupants, a <br />d~- fiption of the space occupied by such tenant and occupant, the rental payable for such space and such other <br />information and documents with respect to such teases and tenancies as the Trustee or Beneficiary may request. <br />COVENANTS OF TAUSTOR WiTtf RESPECT TO LEASES- Without the prior written consent of Trustee or Beneficiary. <br />Yru3lor shall not, directly or irsdirectiy, with respect to any tease of space: in such property, whether such lease is not or <br />hereafter inexistence.# a) acceptor per mit any Prepayment discount or advance payment often! Iherounder.t b )cancer <br />or terminate the same. or accept any cancellation, termination or surrender thereof, or permit any ower+t to occur which <br />Wouldent, tl etrietessesesthereuhdertoterm inateurcancelthetarrej,( c ) anierdprrnudity the sAmE3soasIt) red uce the tot ni <br />r' <br />n <br />7 <br />