202206890 - Laserfiche WebLink

Browse

202206890 and the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter occurring or affect any notice of default hereunder or invalidate any act done pursuant to any such notice. Trustee or Beneficiary shall be entitled, at their election and without notice, to the appointment of a receiver or receivers for the Property; provided, however, that any of the actions referred to in this Section 3.02 may be taken by Beneficiary, either in person or by agent, with or without bringing any action or proceeding, or by receiver, and any such action may also be taken irrespective of whether any notice of default or election to sell has been given hereunder and without regard to the adequacy of the security for the indebtedness hereby secured. Further, Beneficiary, at the expense of Trustor, either by purchase, repair or construction, may from time to time maintain and restore the Property, or any part thereof, and complete construction of the Improvements uncompleted as of the date thereof and in the course of such completion may make such changes in the contemplated Improvements as Beneficiary may deem desirable and may insure the same. 3.03 Foreclosure. Beneficiary may bring an action in any court of competent jurisdiction to foreclose this Deed of Trust or to enforce any of the covenants and agreements hereof. 3.04 Power to Sell. Beneficiary may elect to sell the Property, or any part thereof, as follows: (a) If Beneficiary elects to exercise its power of sale with respect to the Property, or any part thereof, Trustee shall record a notice of default in each county in which any part of such Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Trustor and to other persons prescribed by applicable law. Trustee may sell the Property subject to this Deed of Trust as a group or individually, at the Beneficiary's sole discretion. After the time required by applicable law, Trustee shall give public notice of the sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Trustor, shall sell such Property at public auction to the highest 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 the Beneficiary may elect, subject to the provisions of the Uniform Commercial Code of the Governing Jurisdiction. The 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, -7-