99108442 - Laserfiche WebLink

Browse

. � ��' 1��8442 possession to the purchaser at such sale or be summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. The power and agency hereby granted are coupled with an interest and are inevocable by death or othenvise,and are gcanted as cumulative to all other remedies for collection of said indebtedness. The Beneficiary or Assigns may take any other appropriate action pursuant to state or Federal statute either in state or Federal court or otherwise for the disposition of the property. 5. In the event of a sale as provided in paragraph 4, the Trustee shall be paid a fee by the Beneficiary in an amount not in access of percent of the gross amount of said sale or sales, provided, however, that the amount of such fee shall be reasonable and shall be approved by the Beneficiary as to reasonableness. Said fee shall be in addition to the costs and expenses incurred by the Trustee in conducting such sale. The amount of such costs and expenses shall be deducted and paid from the sale's proceeds. It is further agrced that if said property shall be advertised for sale as herein provided and not so1d, the Trustee shall be entitled to a reasonable fee, in an amount acceptable to the Beneficiary for the services rendered. The Tnistee shall also be reimbursed by the Beneficiary for all costs and expenses incurred in connecrion with the advertising of said property for sale if the sale is not consununated. 6. The proceads of any sale of said property in accordance with paragraph 4 shall be applied first to payments of fees,costs,and expenses of said sale,the expenses incurred by the Beneficiary for the purpose of protecting or maintaining said property and reasonable attorneys' fees; secondly, to payment of the indebtedness secured hereby;and thirdly,to pay any surplus or excess to the person or persons legally entided thereto. 7. In the event said property is sold pursvant to the authorization contained in this inst�ument or at a judicial foreclosure sale and the procceds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by said promissory note,the Beneficiary will be entitled to a deficiency judgement for the amount of the deficiency without regard to appraisemeirt, the Tn�stor having waived and assigned all rights of appraisemern to the Trustee. 8. The Tnistor covenants and agrees as follows: a. He will prompdy pay the indebtedness evidenced by said promissory note at the times and in the manner therein provided. b. He will pay all taxes, assessments, water rates, and other governmental or murncipal charges, fines or imposirions, for which provision has not been made hereinbefore, and will promptly deliver the official receipts therefor to the Beneficiary. c. He will pay such expenses and fees as may be incurred in the protection and maintenance of said property, including the fees of any attorney employed by the Beneficiary for the collection of any or all of the indebtedness hereby secuned, of such expenses and fees as may be incurred in any foreclosure sale by the Tnistee, or court proceedings or in any other lirigation or proceeding affecting said property, and attorney's fees reasonably incurred in any other way. d The rights created by this conveyance shall remain in full force and effect during any postponement or extension of the time of the payment of the indebtedness evidenced by said note or any part thereof seciued hereby. e. He will conrinuously maintain ha�ard insurance of such type or types and in such amounts as the Beneficiary may from time to time require, on the improvements now or hereafter on said property, and will pay prompdy when due any premiums therefor. All insurance shall be c�rried in companies acceptable to Beneficiary and the policies and renewals thereof shall be held by Beneficiary and have attached thereto loss payable clauses in favor of and in form acceptable to the Beneficiary. In the event of loss, Trustor will�ve immediate notice in writing to Beneficiary and Beneficiary may make proof of loss if not made prompdy by Tn�stor,and each insurance company concemed is