200606035 - Laserfiche WebLink

Browse

200606035 under the power of eminent domainl the award for any Property so taken or damaged (including severance damages to the remaining premises) shall be paid to the Beneficiary and applied in full or in part at the option of the Beneficiary in reduction of the indebtedness hereby secured; (j) that the Beneficiary shall have the right to inspect the Property at such reasonable times as the Beneficiary may desire to determine Trustorls compliance with the covenants contained in this Deed of Trust; (k) that the Beneficiary may release from the lien hereof any part or parcel of the Property without requiring any consideration thereforl and (1) that Trustor is lawfully seized of said premises and Property in fee simplel that the same are free from all liens and encumbrances except as may otherwise be specifically noted herein or waived in writing by the Beneficiary; that Trustor will execute or procure any further necessary assurances of title and does hereby warrant generally the title to said Property and will forever defend the same against the claims and demands of all persons whomsoever I and that Trustorls separate estatel whether vestedl contingent or in expectancYI is hereby conveyed and Trustor does hereby expressly waivel release all rights and benefits of any homesteadl dowerl curtesYI appraisement I exemption and stay laws of this state. It is agreed that the interest provided for in subsection (g) above shall be at the same rate as specified in the Note secured hereby on the principal thereof after default and maturity. SECOND. In the event Trustor I without the prior written consent of BeneficiarYI shall selll transfer or conveyor contract to selll transfer or convey the PropertYI or any part thereof or any interest thereinl the entire balance of the indebtedness hereby secured shall become and be immediately due and payable at the option of Beneficiary; providedl however I Beneficiary may waive such option to accelerate iC prior to such salel transfer or conveyance or contract therefor I Beneficiary and the person to whom the property is to be sold or transferred reach an agreement in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request. THIRD. That as further security for the payment of the Note and the indebtedness thereby evidenced and the performance of all of the terms I covenants and conditions hereofl Trustor agrees that Beneficiary shall and does hereby have the rightl power and authority during the continuance of this Deed of Trust to collect the rentsl issues and profits of the Property and of any personal property located thereon with or without taking possession of the property affected thereby; and Trustor hereby absolutely and unconditionally assigns all such rentsl issues and profits to Beneficia- ry. Beneficiary I however I hereby consents to Trustorl s collection and retention of such rentsl issues and profits as they accrue and become payable so long as Trustor is not at such time in default with respect to payment of any indebtedness secured hereby or in the performance of any agreement hereunder. Upon any such defaultl Beneficiary may at any timel either in personl by agent I or by receiver to be appointed by a court I without notice and without regard to the adequacy of any security for the indebtedness hereby secured (a) enter upon and take possession of the Property or any part thereof and in its own name sue for or otherwise collect such rentsl issues and profitsl including those past due and unpaidl and apply the samel less costs and expenses of operation and collectionl including reasonable attorney/s feesl upon any indebtedness secured hereby and in such order as