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2005-04,312
<br />Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust
<br />or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless
<br />Trustee brings such action. Trustee shall not be obligated to perform any act required of it
<br />hereunder unless the performance of such act is requested in writing.
<br />15. POWERS OF TRUSTEE. From time to time upon written request of Beneficiary and presentation
<br />of this Deed of Trust for endorsement, and without affecting the personal liability of any person
<br />for payment of any indebtedness or performance of the obligation secured hereby, Trustee may,
<br />without liability therefor and without notice: Reconvey all or any part of the Subject Property;
<br />consent to the making of any map or plat thereof; join in granting any easement thereon on a
<br />quitclaim basis only; join in any declaration of covenants and restrictions; or join in any
<br />extension agreement or any agreement subordinating the lien or charge hereof. Trustee or
<br />Beneficiary may from time to time apply to any court of competent jurisdiction for aid and
<br />direction in the execution of the trusts hereunder and the enforcement of the rights and remedies
<br />available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or
<br />confirming or approving acts in the execution of said trusts and the enforcement of said
<br />remedies. Trustee has no obligation to notify any party of any pending sale or any action or
<br />proceeding unless held or commenced and maintained by Trustee under this Deed of Trust.
<br />Trustor shall pay to Trustee reasonable compensation and reimbursement for services and
<br />expenses in the administration of the trusts created hereunder, including reasonable attorneys'
<br />fees. Trustor hereby agrees to indemnify Trustee and Beneficiary against all losses, claims,
<br />demands and liability which either may incur, suffer, or sustain in the execution of the trust or
<br />trusts created hereunder or in the performance of any act required or permitted hereunder or by
<br />law.
<br />16. SUBSTITUTION OF TRUSTEES. From time to time, by a writing signed and acknowledged by
<br />Beneficiary and recorded in the Office of the Recorder of the County in which the Subject
<br />Property is situated, Beneficiary may appoint another trustee to act in the place and stead of
<br />Trustee or any successor. Such writing shall refer to this Deed of Trust and set forth the date,
<br />docket and page or document number of its recordation. The recordation of such instrument of
<br />substitution shall discharge Trustee herein named and shall appoint the new trustee as the trustee
<br />hereunder with the same effect as if originally named Trustee herein. A writing recorded
<br />pursuant to the provisions of this paragraph and giving notice thereof as required under
<br />applicable law shall be conclusive proof of the proper substitution of such new trustee.
<br />17. ACCELERATION UPON SALE OR ENCUMBRANCE. If Trustor or any successor in interest to the
<br />Subject Property should, without the written consent of Beneficiary, sell, convey, transfer,
<br />encumber or alienate the Subject Property, or any part thereof, or any interest therein or be
<br />divested of its title or any interest therein in any manner, whether voluntary or involuntary, or if
<br />Trustor or any successor in interest to the Subject Property is a corporation, partnership, limited
<br />liability company, or joint venture, and more than fifty percent (50 %) of the ownership of the
<br />corporation, partnership, limited liability company, or joint venture is, without the prior written
<br />consent of Beneficiary, sold, conveyed, transferred, encumbered, or alienated, either voluntarily
<br />or involuntarily, then Beneficiary shall have the right at its sole option to declare any and all
<br />indebtedness or any other obligation secured hereby, immediately due and payable.
<br />The sale or transfer of the Subject Property subject to this Deed of Trust or the assignment of the
<br />Note shall not operate to release the Trustor or any guarantor of the Note without the express
<br />written agreement of Beneficiary, which may be withheld in Beneficiary's sole discretion.
<br />If the ownership of the Subject Property becomes vested in a person(s), corporation, partnership,
<br />limited liability company, or joint venture other than Trustor, Beneficiary may, without notice to
<br />Trustee, deal with such successor or successors in interest with reference to this Deed of Trust
<br />and the debt hereby secured as with the Trustor, and may forebear to sue, alter time for payment
<br />of the debt, change the Interest rate and/or the payments of the debt hereby secured, without
<br />discharging or in any way affecting the liability of Trustor hereunder or upon the debt secured.
<br />If Beneficiary exercises such option to accelerate, Beneficiary shall mail Trustor notice of
<br />acceleration in accordance with Paragraph C.9. Such notice shall provide a period of not less
<br />than ten (10) days from the date the notice is mailed within which the Trustor may pay the sums
<br />declared due. If Trustor fails to pay such sums prior to the expiration of such period, Beneficiary
<br />may, without further notice or demand on Borrower, invoke any remedies permitted by
<br />Paragraph B.2 of this Deed of Trust.
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