|
200209279
<br />truthfulness thereof Any person, including, without limitation, Trustor, Trustee and
<br />Beneficiary, may purchase at such sale and Truster hereby covenants to warrant and defend
<br />the title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee
<br />and of this Trust, including costs of evidence of title in connection with sale, Trustee shall
<br />apply the proceeds of sale to payment of (i) all sums expended under the term hereof, not then
<br />repaid, with accrued interest at ten percent (10 %) per annum; (ii) all other sums then secured
<br />hereby; and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion
<br />of the Trust Estate.
<br />12. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to
<br />enforce payment and performance of any indebtedness or obligations secured hereby and to exercise
<br />all rights and powers under this Deed of Trust or under any Loan instrument or other agreement or any
<br />laws now or hereafter in force, notwithstanding that same or all of the such indebtedness and
<br />obligations secured hereby way now or hereafter be otherwise secured, whether by mortgage, deed
<br />of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its
<br />enforcement, whether by court action or pursuant to the power of sale or other powers herein
<br />contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or
<br />enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee
<br />and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other
<br />security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either
<br />of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to
<br />Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or
<br />permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder
<br />or now or hereafter existing at law or in equity or by statute. Every power given by any of the Loan
<br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled may be
<br />exercised, concurrently or independently, from time to time and as often as may be deemed expedient
<br />by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall
<br />be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Truster to the
<br />extent such action is permitted by law.
<br />li. Assienment of Rents. For the purpose of finishing further security for the debt secured
<br />hereby, Trustor hereby assigns, transfers and sets over to the Beneficiary, to be applied toward the
<br />payment of the Note and all other sums secured hereby or evidenced by the Loan Instruments, in case
<br />of default in the performance of any of the terms and conditions of this Deed of Trust, or the said
<br />Note, or the terms of any Loan Instruments, all the rents, revenues and incomes, if any, to be derived
<br />from the Property during such time as the Note shall remain unpaid; and the Beneficiary shall have
<br />the power to appoint any agent or agents it may desire for the purpose of repairing the Property and
<br />of renting the same and collecting the rents, revenues and income, and it may pay out of said income
<br />all expenses of repairing the Property and necessary commissions and expenses incurred in renting
<br />and managing the same and of the payment of insurance premiums and ofcollecting rentals therefrom,
<br />and the balance remaining, if any, to be applied toward the discharge of the Note.
<br />5
<br />
|