200506186 - Laserfiche WebLink

Browse

nzm� 11. Acceleration Upon Default. In the event of any default, Beneficiary may declare all indebtedness secured hereby to be due and payable, and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may: (a) either in person or by agent, with or without bringing any action or proceeding, or by receiver appointed by a court and without regard to the adequacy of any security, enter upon and take possession of the property, or any part thereof, in her own name or in the name of the Trustee, and do any acts which she deems necessary and desirable to preserve the value, marketability or rentability of the property, or part thereof or interest therein, increase the income herefrom or protect the security hereof and, without taking possession of the property, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including attorney fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the trust estate, the collection of such rents, issues and profits and application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act and in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the property or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary may be entitled to exercise every right provided for in any of the loan instruments or by law upon occurrence of any event of default, including the right to exercise the power of sale; (b) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustors' interest in the property to be sold, which notice Trustee shall cause to be duly filed for record in the official records of the county in which the property is located. 12. Foreclosure by Power of Sale. Should Beneficiary elect foreclosure by exercise of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and secured hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall file for record, in the Register of Deeds Office in the County where the property is located, a notice of default, setting forth the name of the Trustor, the Book and Page or Document No. of this Deed of Trust as recorded in said Register of Deeds office, the legal description of the above- described real estate and that a breach of an obligation, for which said real estate was conveyed as security, has occurred, and setting forth the nature of such breach and the Trustee's election to sell the real estate to satisfy the obligation; and after the lapse of not less than one (1) month, the Trustee shall give written notice Page 4 of 7