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202103878
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Last modified
5/10/2021 11:50:25 AM
Creation date
5/10/2021 11:43:57 AM
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DEEDS
Inst Number
202103878
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"02103878 <br />pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated <br />below to the payment of: <br />(i) Attorney's fees and costs of collection; <br />(ii) Cost of any evidence of title procured in connection <br />with such sale and any revenue or tax required to be <br />paid; <br />(iii) All obligations secured by this Deed of Trust; <br />(iv) The remainder, if any, to the person legally entitled <br />thereto. <br />8.2 Sums Advanced to Protect Security. Beneficiary may advance <br />such sums as Beneficiary, in its sole discretion, deems reasonable to protect the <br />security. Sums advanced to protect the security, whether specifically enumerated as <br />such herein or reasonably construed to be so advanced, shall become the obligation of <br />Trustor. The payment of such sums, together with the interest thereon, shall be <br />secured by this Deed of Trust. <br />9. Assignment of Rents. Trustor assigns all rents, issues, and profits of the <br />security to Beneficiary but Beneficiary consents to allow Trustor to collect and retain the <br />rents, issues, and profits as long as Trustor is not in default of this Deed of Trust. Upon <br />default, Beneficiary or its agent may collect rents, issues, and profits, including those <br />past due and unpaid, and apply the proceeds, less costs and expenses of operation <br />and collection, including reasonable attorney's fees, upon any indebtedness secured <br />hereby. Beneficiary may do anything reasonable and necessary to give effect to this <br />Assignment of Rents upon the default of Trustor. Unless Trustor and Beneficiary agree <br />otherwise in writing, any application of rents, issues, or profits to any indebtedness <br />secured hereby shall not extend or postpone the due date of the installment payments <br />as provided in the Promissory Note or change the amount of such installments. The <br />entering upon and taking possession of the property, the collection of such rents, <br />issues, and profits and the application thereof as aforesaid shall not waive or cure any <br />default or notice of default hereunder or invalidate any act done pursuant to such notice. <br />Trustor also assigns to Beneficiary, as further security for the performance of the <br />obligations secured hereby, all prepaid rents and all moneys which may have been or <br />may hereafter be deposited with said Trustor by any lessee of the property, to secure <br />the payment of any rent or damages, and upon default in the performance of any of the <br />provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. <br />Delivery of written notice of Beneficiary's exercise of the rights granted herein to any <br />tenant occupying the premises shall be sufficient to require the tenant to pay rent to <br />Beneficiary until further notice. Beneficiary shall be accountable only for the rents, <br />revenues, and profits collected and not the rental value of the premises. No <br />construction of this paragraph shall alter the occupier liability which shall be the <br />responsibility of Trustor, and Beneficiary shall have none of the same unless actually in <br />possession of the premises. This assignment is intended to be a present assignment <br />and not contingent upon the default of Trustor. <br />10. Remedies Not Exclusive. The remedies provided in this Agreement <br />shall not be exclusive. Upon the default of Trustor, Beneficiary may seek relief by any <br />legal or equitable means. Beneficiary may seek to enforce the agreements here made <br />in such order and manner as Beneficiary sees fit. No remedy is intended to be <br />exclusive but each shall be cumulative. Every power or remedy provided under the <br />Page 5 of 11 <br />
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