202101954 - Laserfiche WebLink

Browse

202101954 connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may: (i) become a purchaser at any sale of the Property (judicial or under the power of sale granted herein); (ii) postpone the sale of all or any portion of the Property, as provided by law; or (iii) sell the Property as a whole or in separate parcels or lots, at Trustee's discretion. 14. Fees and Expenses. In the event Trustee sells the Property by exercise of the power of sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising the power of sale, including, without limitation, all Trustee's fees and attorneys' fees of Lender and Trustee actually incurred to the extent permitted by applicable law. In the event Trustor exercise any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor' default, including, without limitation, all Trustee's and attorney's fees, to the extent permitted by applicable law. 15. Miscellaneous Provisions. (a) Trustor Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender shall not operate to release, in any manner, the liability of Trustor or Trustor's successors in interest. Lender shall not be required to commence proceedings, or refuse to extend time for payment, or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by Trustor or Trustor's successors in interest. (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations, Lender may, from time to time and without notice: (i) release any person so liable; (ii) extend the maturity or alter any of the terms of any such obligations; (iii) grant other indulgences; (iv) release or reconvey, or cause to be released or reconveyed at any time at Lender's option, any parcel, portion or all of the Property; (v) take or release any other or additional security for any obligation herein mentioned; or (vi) make compromises or other arrangements with debtors in relation thereto. (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of, or preclude the exercise of, any such right or remedy. The procurement of insurance, or the payment of taxes or other liens or charges by Lender, shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. (d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to the benefit of, the respective heirs, representatives and assigns of Lender and Trustor. The captions and headings of the paragraphs of this Deed of Trust are for convenience only, and are not to be used to interpret or define the provisions hereof. (e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder, and a copy of any notice of sale hereunder, be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested, addressed to the other parties at the addresses set forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. (f) Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property. 5