200011183 - Laserfiche WebLink

Browse

200011/83 issues, profits, revenue, income or other benefits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law upon or after the occurrence of a default, including the power to direct the Trustee to exercise the power of sale. Any of the actions referred to in this Section 3.01 may be taken by Beneficiary, either in person or by agent, with or without bringing any action or proceeding, or by receiver appointed by a court and any such action may also be taken following reasonable notice to the Trustor but 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 Equipment uncompleted as of the date thereof and in the course of such completion may make such changes in the contemplated Equipment as Beneficiary may deem desirable and may insure the same. Beneficiary shall be entitled, without notice and to the full extent provided by law, to the appointment by a court having jurisdiction of a receiver to take possession of and protect the Property or any part thereof, and operate the same and collect the Rents and Profits. 3.02 Receiver. (a) Beneficiary shall be entitled to the appointment of a receiver by a court having jurisdiction, to the full extent provided by law, with reasonable prior notice to the Trustor, to take possession of and protect the Property or any part thereof, and operate the same and collect the Rents and Profits, without regard to the adequacy of the security ofthe Property, and without regard to the enforcement by Trustee or Beneficiary of any other remedy provided herein. (b) Notwithstanding the appointment of any receiver, liquidator or trustee of Trustor, or of any of its property, or of the Property or any part thereof, Trustee and Beneficiary shall be entitled to retain possession and control of all property now or hereafter held under this Deed of Trust, including, but not limited to, the Rents and Profits. 3.03 Foreclosure. Beneficiary may bring an action in any court of competent jurisdiction enforce this Deed of Trust or to enforce any of the covenants and agreements hereof. 3.04 Power to Sell. Beneficiary may elect to cause the sale of Trustor's interest in the Property or any part thereof to be sold as follows: (a) Beneficiary may proceed as if the entire Property consisted of real property in accordance with Section 3.04(d) below, or Beneficiary may elect to treat any ofthe Property which consists of a right in action or which is property that can be severed from the Premises or the Equipment without causing structural damage thereto as if the same were personalty, and dispose of the same in accordance with Section 3.04(c) below, separate and apart from the sale of real property, the remainder of the Property being treated as real property. (b) Beneficiary may cause any such sale or other disposition to be conducted immediately following the expiration of the grace period, if any, herein provided or provided in the