Laserfiche WebLink
<br />200601820 <br /> <br />(b) There has occurred a breach of or default under any term, covenant, <br />agreement, condition, provision, representation or warranty contained in this Deed <br />of Trust, the note or any other loan instrument secured hereby; <br /> <br />( c) There has been a default by the Trustors in the payment of any prior or <br />subsequent lien or encumbrance in respect to all or any part of the property; <br /> <br />(d) Trustors shall file a voluntary petition in bankruptcy or shall be adjudicated <br />bankrupt or insolvent, or shall make an assignment for the benefit of creditors in respect <br />to the property; or an action to enforce any lien or encumbrance or judgments against the <br />property is commenced. <br /> <br />11. Acceleration Upon Default. In the event of any default, Beneficiary may declare all <br />indebtedness secured hereby to be due and payable, and the same shall thereupon become due <br />and payable without any presentment, demand, protest or notice of any kind. Thereafter, <br />Beneficiary may: <br /> <br />(a) either in person or by agent, with or without bringing any action or <br />proceeding, or by receiver appointed by a court and without regard to the <br />adequacy of any security, enter upon and take possession of the property, or any <br />part thereof, in his own name or in the name ofthe Trustee, and do any acts which <br />he deems necessary and desirable to preserve the value, marketability or <br />rentability of the property, or part thereof or interest therein, increase the income <br />herefrom or protect the security hereof and, without taking possession of the <br />property, sue for or otherwise collect the rents, issues and profits thereof, <br />including those past due and unpaid, and apply the same, less costs and expenses <br />of operation and collection, including attorney fees, upon any indebtedness <br />secured hereby, all in such order as Beneficiary may determine. The entering <br />upon and taking possession of the trust estate, the collection of such rents, issues <br />and profits and application thereof as aforesaid shall not cure or waive any default <br />or notice of default hereunder or invalidate any act and in response to such default <br />or pursuant to such notice of default and, notwithstanding the continuance in <br />possession of the property or the collection, receipt and application of rents, issues <br />or profits, Trustee or Beneficiary may be entitled to exercise every right provided <br />for in any of the loan instruments or by law upon occurrence of any event of <br />default, including the right to exercise the power of sale; <br /> <br />(b) commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or specifically enforce any of the covenants hereof; <br /> <br />(c) deliver to Trustee a written declaration of default and demand for sale, <br />and a written notice of default and election to cause Trustors' interest in the <br />property to be sold, which notice Trustee shall cause to be duly filed for record in <br />the official records of the county in which the property is located. <br /> <br />12. Foreclosure bv Power of Sale. Should Beneficiary elect foreclosure by exercise of <br />the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with <br />Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and <br />secured hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall file <br />for record, in the Register of Deeds Office in the County where the property is located, a notice <br />of default, setting forth the names of the Trustors, the Book and Page or Document No. of this <br />Deed of Trust as recorded in said Register of Deeds office, the legal description of the above- <br />described real estate and that a breach of an obligation, for which said real estate was conveyed <br />as security, has occurred, and setting forth the nature of such breach and the Trustee's election to <br />sell the real estate to satisfy the obligation; and after the lapse of not less than one (1) month, the <br />Trustee shall give written notice of the time and place of sale which may be between 9:00 a.m. <br />and 5 :00 p.m. at the premises, or at the Courthouse in the County wherein such property is <br />located, describing the property to be sold by its legal description, said notice to be published in <br />a newspaper of general circulation in the County wherein such property is located, once a week <br />for five (5) consecutive weeks, the last publication to be at least ten (10) days, but not more than <br />thirty (30) days prior to the sale; and the Trustee shall then sell said property at the time and <br />