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200313159
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Last modified
10/16/2011 7:23:26 AM
Creation date
10/28/2005 3:43:26 PM
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DEEDS
Inst Number
200313159
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200313159 <br />Beneficiary all costs incurred thereby, including without limitation reasonable Trustee's fees for <br />services rendered, advertising costs and reasonable attorneys' fees. <br />SECTION 8.4 Receiver. <br />If an Event of Default shall occur, the Beneficiary may, without notice, at its option, take <br />one or more of the following actions: <br />(a) take possession of the Premises; <br />(b) manage the same to or for the account of the Trustor; <br />(c) collect all income and profits arising from the Premises and deduct from income <br />profits and rents all expenses and apply the remainder to the Indebtedness; or <br />(d) have a receiver appointed by a court of competent jurisdiction to take possession <br />of the Premises and collect the rents, issues and profits arising from the Premises <br />deducting therefrom any and all sums spent by any such receiver together with the <br />receiver's own compensation. Beneficiary's right to a receiver shall be absolute <br />and unconditional once an Event of Default occurs and said receiver may be <br />obtained in any judicial Foreclosure, suit for specific performance or in any other <br />law suit to enforce this Deed of Trust in any manner. This right is created by this <br />Deed of Trust and is a contractual right between the parties and is cumulative of <br />and shall not affect in any way the right of the Beneficiary given by law for the <br />appointment of a receiver. <br />SECTION 8.5 Rights Under Uniform Commercial Code. <br />In addition to the rights available to a Beneficiary of real property, Beneficiary shall also <br />have all the rights, remedies and recourse available to a secured party under the Code including <br />the right to proceed under the provisions of the Code governing default as to any Collateral as <br />defined in this Deed of Trust which may be included on the Premises or which may be deemed <br />nonrealty in a Foreclosure of this Deed of Trust or to proceed as to such Collateral in accordance <br />with the procedures and remedies available pursuant to a Foreclosure of real estate. <br />SECTION 8.6 The Beneficiary's Right Of Possession Under An Event Of Default. <br />In any case in which under the provisions of this Deed of Trust the Beneficiary has a <br />right to institute a trustee's sale or Foreclosure proceedings, whether before or after the whole <br />Indebtedness is declared to be immediately due as aforesaid, or whether before or after the <br />institution of legal proceedings to foreclose the lien hereof or before or after sale thereunder, <br />forthwith upon demand of the Beneficiary, the Trustor shall surrender to the Beneficiary and the <br />Beneficiary shall be entitled to take actual possession of the Premises or any part thereof <br />personally, or by its agents or attorneys, as for condition broken, and the Beneficiary in its <br />discretion may, with or without force and with or without process of law, enter upon and take <br />and maintain possession of all or any part of the Premises, together with all documents, books, <br />records, papers and accounts of the Trustor or then owners of the Premises relating thereto, and <br />may exclude the Trustor, its agent or servants, wholly therefrom and may, as attorney -in -fact or <br />15311/53;09/30/03 -22- <br />
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