Laserfiche WebLink
99 112114 <br /> (�I a writ ot execution or attachment of any similar process shall be entered a�ainst Trustor which shall <br /> become a lien on the Trust Estate or any portion thereo( or interest therein and such execution, attachment or similar <br /> process of judgment is not released, bonded, �satisfied, vacated or stayed within sixty (60) days after its entry or levy; or <br /> (e) there has accurred a breach of or default under any term, covenant, apreement, condition, provision, <br /> representation or warranty contained in any prior deed of trust or mortgage a(tecting the Trust Estate. <br /> 10. Acce%ralion upon Delau/t; Addit/ona/ Remadias. If an event of default occurs, Beneficiary may decla�e the <br /> Indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any <br /> presentment, demand, protest or notice o( any kind. Thereafter, Beneficiary may: <br /> (i) either in person or by apent, with or without bringinq any action or p�oceeding, or by a receiver appointed <br /> by a court and without �egard to the adequacy of its security, enter upon and take possession of the Trust Estate, or any <br /> part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary o�desirable to preserve <br /> tt�e value, marketability or rentability of the Trust Estate, or part thereof o�interest therein, increase the income the�eirom <br /> or protect the securiry hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect the <br /> rents, issues and protits thereof, including those past due and unpaid, and apply the same, less costs and expenses of <br /> operation and collection includinfl attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary <br /> may determine. The entering upon and takinp possession of the Trust Estate, the collection of such rents, issues and <br /> prolits and the application ttiereo( as aforesaid shall not cure or waive any default or notice of default hereunder or <br /> invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the <br /> concinuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee <br /> or Bene(iciary shall been entitled to exercise every right provided for in any of the Loan Instrume�ts or by law upon <br /> occurrence of any event of default, including the right to exercise the power of sale; <br /> (ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically <br /> enforce any of the covenants hereof; <br /> (iii) deliver to Trustee a written declaration of default and demand for sale and a written notice of default and <br /> election to cause Trustor's interest in tt�e Trust Estate to be sold, which notice Trustee shall cause to be duly filed (or <br /> record in tf�e appropriate offices of the County in which the Trust Estate is located; or <br /> (iv) exercise such other rights or remedies at law or in equity. <br /> 1 1. Fo�ac%sure byPower o/Sa/e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained, <br /> Beneficiary shall notify Trustee and shall deposii with Trustee this Second Deed of Trust and any note evidencing the Indebtedness <br /> and such receipts and evidence of expenditures made and secured hereby as Trustee may require. <br /> (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered <br /> to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trust. Trustee <br /> shall, without demand on Trustor, after such time as may then be requi�ed by law and after recordation of such Notice of <br /> Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale <br /> fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, <br /> and in such order as it may determine, at public auction to the highest bidder for cash in tawful money of the United States <br /> payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or <br /> deeds conveyinfl the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed <br /> of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation <br /> Trustor, Trustee or Beneficiary, may purchase at such sale. <br /> (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, <br /> including costs of evidence of title in connection with sale, Trustee shall apply the proCeeds of sale to payment of (i) the <br /> Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled <br /> thereto. <br /> (c) Trustee may in the manner provided by law postpone sale o( all or any portion of the Trust Estate. <br /> 12. Remedies Noi Exc/usive. Trustee and Beneficiary, and each o( them, shall be entitled to enforce payment and <br /> performance o( any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed of <br /> Trust or under any Loan Instrument or other ac�reement or any laws now or hereaiter in force; notwithstandin{�, some or all of the <br /> such indebte�lness and obliUations secured hcreby may now or hereatter bc othcrwisc secured, whethcr by mortpaflc, decd of trust, <br /> ple��c, lien, assi��nment or otherwise. Neither the acceptance of this Second Deed o( Trust nor its entorcement, whether by court <br /> action ar pursuant to the power o( sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or <br /> Beneficiary's ripht to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, lt being agreed that <br /> Trustee and Beneticiary, and each o( them, shall be entitled to enforce this Second Deed of Trust and any other security now or <br /> i <br />