Laserfiche WebLink
.1. <br />rw.. I,.btoy.lJn:.,r► .. <br />r.. ,.i.�i 7M <br />„ <br />,, I., I <br />); <br />IA" <br />j <br />in default with respect to paYasatt of my indebtedness aecurad hereby. or 10 the psrfotsanca of . <br />any agremasnt hereunder. If any event of default described hereafter to Compact to this Dead of <br />Trust shall have occurred and be continuing. Bsasfieiary, am •matter of right and without notice <br />to T oatqr�q� anyone claiming leader Txuetar, and without regard to rba valus of the trust estate <br />to Tru f%Ljat o[ the Truster therefan. shall have the right to apply to any court having juris- <br />diction to appoint a receiver of the property. <br />10. TranaLe of Property. If all or say part of the property or any interest of Trustor <br />therein is sold. transferred or further encumbered without the express or written consent of <br />Beneficiatw, Beneficiary may. at its sole option, declare all sumo secured by this Dead of Trust <br />Val to be immediately due and payable and proceed to the rowdies available to it under the default <br />Toe provisions contained herein. <br />Any of the following wants shall be deemed an avant of default here - <br />0 11. Events of Default. <br />orders <br />(a) Trustor atoll have <br />O interest, principal or principal and interest or any other suss secured <br />v7 hereby when due; <br />(b) There has occurred a breach of or default under any term, covenant. <br />agreement. condition, provision, representation or warranty contained in this <br />Deed of Trust. the note or any other loan instrument secured hereby; <br />(c) There has been a default by the Trustor in the payment: of amy Prior <br />or subsequent lien or encumbrance in respect to all or any part of the property; <br />(d) Truster shall file a voluntary petition in bankruptcy or shall be <br />adjudicated bankrupt or insolvent. or shall make an assignment for the benefit <br />of creditors in respect to the property; or an action to enforce $ay Ilea or <br />encumbrance or judgments against the property 19 commenced. <br />12. Acceleration Upon Default. Tn the event of any default. Beneficiary may declare a31 <br />Indebtedness sr cured hereby to be due and payable, and the saes slwll thereupon bacons duo and <br />payable without any presentment, demand, protest or notice of any kind. Thereafter, Beneficiary <br />may i <br />(a) either in person or by agent. with or without bringing any action or <br />proceeding, or by receiver appointed by a court and without regard to the adequacy <br />of any security, enter upon and take possession of the property, or any part thereof, <br />in its own name or in the now of the Trustee, and do any acts which it deems necessary <br />and desirable to preserve the value. marketability or rentability of the property. or <br />part thereof or interest therein, increase the income therefrom or protect the security <br />hereof and, without taking possession of the property, sue for or otherwise coileet <br />the rents, issues and profits thereof. Including those past due and unpaid. and apply <br />the sane, less costs and expenses of operation and collection, including attorney fees:, <br />upon any ludebtedne:s secured hereby, rli In such order as Beneficiary may deteralms. <br />The entering upon and taking Fassession of the trust estate, the collection of such <br />rents, issues and profits and application thereof ad aforesaid shall not cure or waive <br />any default or notice of default hereunder or invalidate any act and in response to <br />such default or pursuant to such notice of default and, notwithstandiionthe continuance <br />in possession of the property or the collection. receipt and app. <br />issues or profits, Trustee or Beneficiary may be entitled to onercise every right pro- <br />vided for in any of the loan instruments or by law upon occurrence of any event of <br />default, including the right to exercise the power of sale; <br />(b) commence an action to foreclose this Deed of Tryst as a mortgage, appoint a <br />receiver. or specifically enforce any of the covenants hereof; <br />(c) deliver to Trustee a written declaration of default and demand for sale, and <br />a written notice of default and election to cause Truator's interest in the property to <br />be sold, which notice Trustee shall cause to be duly filed for record in the official <br />records of the county in which the property is located. <br />13. Foreclosure by Power o[ Sale. Should Beneficiary elect to foreclose by exercise of the <br />power of sole herein contained. Beneficiary shall notify Trustee and shall deposit with Trustee <br />this Deed of Trust and the note and such receipts and evidence of expenditures made and secured <br />hereby as Trustee may req�iire. and upon request of the Beneficiary, the Trustee shall file for <br />record, in the Register of Deeds office in the County where the property Is located, a notice of <br />default. setting forth the name of the Trustor. the Book and Page or Document No. of this Deed of <br />Trust as recorded in said Register of Deeds office, the legal description of the above - described <br />real estate and that a breach of an obligation, for which said real estate was conveyed as security, <br />has occurred, and setting forth the nature of such breach and the Trustee's election to sell the <br />real estate to satisfy the obligation; and after the lapse of not lees than between month, the and <br />Trustee shall Rive written notice of the time and place of sale which may <br />5 p.m. at the premises, or at the Courthouse in the County wherein such property is located, de- <br />scribing the proparty to be sold h-; its legal description, said notice to be published in a news- <br />paper of general circulation in th.'e County wherein such property is located, once a week for five <br />(5) consecutive weeks, the last publication to be at least ten (10) days, but not more than thirty <br />(30) days, prior to the sale; and the Trustee shall then sell said property at the time and place <br />designated in the notice, in the manner Provided by law in effect at the tise of filing said notice. <br />at public awtion to the highest bidder for :ash and shall deliver to Ouch purchaser a deed to the <br />property sol.l, consistent with the lay in effect at the time. <br />Upon receipt of payment of the price bid. Trustee shall :.liver to the purchaser. Trustee's <br />deed conveving the property : ;old. Recitals in the Trustee',. .:elf -+ hall be prima tiac:e evidence <br />rf the truth of the statements made therein. Trustee shall apl+ly the proceeds of tTe sale in the <br />following order: (a) to all reasonable coats and expenses of the rule. including but not liniaed <br />to. Trustee's fees of not more than 2.0 z of the Rrogs sale price, reasonable attorney fees <br />and costts of title evidence; (b) to all suns secured b•r this Deed of Trust; and (c) the exceuN. .:. <br />any, to :-.e ^erson or persons levaliv entitled thereto. env person, including Beneficiary, may <br />purchase said property at said sale. <br />The person conducting the sale may, for anv c.tuse he or she deems expedient, poatpy„c C% -- -- <br />from time to time until it shall lie completed 3R(l, in every quch case, notice of postponeteent shall <br />be given by public declaration thereof by such person at the time and place last appointed for tle <br />sale; provided. if the sale is postponed for longer thin one fl) d.av beyond the date desiiptated in <br />the notice of sale. notice thereof shall be given In the same manner as the original notice of sale. <br />14. Remedies 4ot Exclusive. Trustee and Beneficiary, and each of them. 'ahatt be entitled to <br />enforce payment and performance of auy indebtedness or obligation .wctxced hereby and to exercise <br />all rights and powers under this Deed of Trust or under any loan in:trusene or other agreenent or <br />any laws now or hereafter enforced, notwithstanding some or all of the indebtedness and obltAitions <br />secured hereby which may now or hereafter be otherwise secured, whether by mortgage. deed of trust, <br />Q <br />