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202401460
<br />either as a whole or in separate lots, parcels, or items and in such order as Trustee will deem expedient.
<br />Any person may bid at the sale including Trustor, Trustee, or Lender.
<br />c. Lender may, in its discretion, exercise any and all remedies available under the Uniform Commercial
<br />Code with respect to any Personal Property.
<br />d. Lender, either in person or by agent, with or without bringing any action or proceeding and with or without
<br />regard to the value of the Property or the sufficiency thereof to discharge the Obligations secured hereby,
<br />is authorized and entitled to enter upon and take possession of the Property in its own name or in the name
<br />of the Trustee and do any acts or expend any sums it deems necessary or desirable to protect or preserve
<br />the value of the Property or any interest therein, or increase the income therefrom; and with or without
<br />taking possession of the Property is authorized to sue for or otherwise collect the rents, issues, crops,
<br />profits, and income thereof, including those past due and unpaid, and apply the same upon any Obligations
<br />secured hereby or in the Loan Documents.
<br />e. Lender will be entitled to a receiver to take immediate possession of the Property and all rents, issues,
<br />crops, profits, and income thereof, without regard to the value of the Property, or the sufficiency thereof to
<br />discharge the trust deed debt and the foreclosure costs, fees, and expenses. Such receiver may be
<br />immediately appointed by any court of competent jurisdiction upon ex parte application, notice being hereby
<br />expressly waived and shall serve without bond if the law allows. The receiver will apply all rents, issues,
<br />crops, profits, and income of the Property to keep the same in good repair and condition, pay all taxes,
<br />rents, fees, charges, and assessments, pay insurance premiums necessary to keep the Property insured,
<br />pay the expense of the receivership and attorney's fees incurred by the receiver, and apply the net proceeds
<br />to the payment of the Obligations secured hereby. Such receiver will have all the other usual powers of
<br />receivers authorized by law and as the court may direct.
<br />f. In the event Trustor fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or
<br />maintain any insurance on the Property, buildings, fixtures, attachments, or improvements as provided
<br />herein or in the Loan Documents. Lender, at its option, may make such payments or provide insurance,
<br />maintenance, or repairs and any amounts paid therefor will become part of the principal Obligations secured
<br />hereby, be immediately due and payable and bear interest at the default rate provided in the Loan
<br />Documents from the date of payment until paid. The advancement by Lender of any such amounts will in
<br />no manner limit the right of Lender to declare Trustor in default or exercise any of Lender's other rights and
<br />remedies.
<br />g. In the event Lender is a party to any litigation affecting the Property or this trust deed, including any
<br />action by Lender to enforce this trust deed or any suit in which Lender is named a defendant (including
<br />eminent domain and bankruptcy proceedings), Lender may incur expenses and advance payments for
<br />abstract fees, attorney's fees (to the extent allowed by law), costs, expenses, appraisal fees, and other
<br />charges and any amounts so advanced will become part of the principal Obligations secured hereby, be
<br />immediately due and payable and bear interest at the default rate provided in the Loan Documents from
<br />the date of advance until paid.
<br />8. Lender's rights and remedies listed herein, and any rights and remedies that may be available at law or in
<br />equity, shall be deemed cumulative and non-exclusive, and Lender may proceed with any number of such
<br />rights and remedies at the same time or sequentially until all Obligations are paid and satisfied in full. The
<br />exercise of any right or remedy shall not be deemed a waiver or release of any other right or remedy, and
<br />Lender, upon a default, may proceed with any available remedy or right it selects in any order it determines
<br />all within its sole discretion.
<br />9. Delay by Lender in exercising its rights upon default will not be construed as a waiver thereof, and any act
<br />of Lender waiving any specific default will not be construed as a waiver of any future default. If the proceeds
<br />under sale or foreclosure as set forth above are insufficient to pay the total Obligations secured hereby,
<br />Lender will be entitled to a deficiency judgment.
<br />10. Any awards made to Trustor or their successors by the exercise of eminent domain are hereby assigned
<br />to Lender; and Lender is hereby authorized to collect and apply the same in payment of any indebtedness,
<br />matured or un -matured, secured by this trust deed. Trustor shall immediately notify Lender of any action in
<br />eminent domain.
<br />11. This trust deed constitutes a security agreement under the Uniform Commercial Code with the Trustor
<br />being the debtor, the Trustee being the secured party, the Obligations being the debt and the Property being
<br />the collateral.
<br />FORM 5011, Trust Deed and Assignment of Rents 278SK Legal Doc. Date: April 5, 2024
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