202006555 - Laserfiche WebLink

Browse

202006555 bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property in accordance with the provisions of applicable law. Trustee, Beneficiary, or their designee, may purchase at any such sale. Upon receipt of the price bid, Trustee shall deliver to the purchaser a Trustee's deed conveying all of Trustor's rights in the Property that is sold. The recitals in the deed of any matter of fact shall be conclusive proof of the truthfulness thereof. (b) Should Beneficiary elect to cause the disposal of any of the Property subject to the Security Agreement in Section 1.06, it may dispose of any part thereof in any manner now or hereafter permitted by the Uniform Commercial Code of the Governing Jurisdiction or in accordance with any other remedy provided by law. Any such disposition may be conducted by an employee or agent of Beneficiary or Trustee. Both Trustee and Beneficiary shall be eligible to purchase any part or all of such Property at any such disposition. Any such disposition may be either public or private as Beneficiary may elect, subject to the provisions of the Uniform Commercial Code of the Governing Jurisdiction. Beneficiary shall have all of the rights and remedies of a secured party under the Uniform Commercial Code of the Governing Jurisdiction. Expenses of retaking, holding, preparing for sale, selling or the like shall include Beneficiary's reasonable attorneys' fees and legal expenses, and upon such default, Trustor, upon demand of Beneficiary, shall assemble such Property and make it available to Beneficiary at the Property, a place which is hereby deemed reasonably convenient to Beneficiary and Trustor. Beneficiary shall give Trustor at least ten (10) days' prior written notice of the time and place of any public sale or other disposition of such Property or of the time at or after which any private sale or any other intended disposition is to be made, and if such notice is sent to Trustor, in the manner provided for the mailing of notices herein, it shall constitute reasonable notice to Trustor. (c) Trustee is hereby irrevocably appointed the true and lawful attorney-in- fact of Trustor in its name and stead to make all necessary conveyances, assignments, transfers and deliveries of the Property, or any part thereof, and the rights so sold and for that purpose Trustee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Trustor hereby ratifying and confirming all that its said attorney or any substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, Trustor, if so requested by Trustee or Beneficiary, shall ratify and confirm any such sale or sales by executing and delivering to Trustee or to such purchaser or purchasers all such instruments as may be advisable in the judgment of Trustee or Beneficiary, for the purpose as may be designated in such request. (d) Trustor hereby expressly, waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. 3.05 Proceeds. Unless otherwise provided by law, the proceeds of any sale made, and all sums recovered under this Article III, together with all other sums held by Trustee or Beneficiary under this Deed of Trust, shall be applied in the following order: (a) to the extent allowable under the laws of the Governing Jurisdiction, to all costs and expenses incurred in connection with the sale or sales and any judicial proceedings, including, but not limited to, all reasonable Trustee's and attorney's fees and expenses, and the costs of any title evidence; (b) to the repayment of all sums expended by Trustee or Beneficiary in accordance with the terms of this Deed of Trust and the Note; (c) the remainder, if any, to the person or persons legally entitled thereto. 3.06 Power to Purchase. Trustee, Beneficiary, or their designee, may purchase at any sale or sales made under or by virtue of this Article III. No recovery of any judgment by Beneficiary and no levy of an execution under any judgment upon the 7