88100024 - Laserfiche WebLink

Browse

I ~ l t Ii J." 88- 100024 I property so sold and any statement or recital of fact in such instrument in relation to the non-payment of the Indebtedness, existence of the Indebtedness, notice, sale and receipt of the proceeds of sale, shall be presumptive evidence of the truth of such statements or recitals, and Mortgagor binds itself to warrant and forever defend the title of such purchaser or purchasers, and (iii) to receive the proceeds of the said sale. ~' The Trustee may sell and convey the Mortgaged Property under the power aforesaid and otherwise act in his capacity as Trustee hereunder, although the Trustee has been, may now be or hereafter be attorney, agent or employee of the Beneficiary. any other of Trust, otherwise, (d) The proceeds of any such sale together with sums which then may be held by Trustee under this Deed whether under the provisions of this Article I I I or shall be applied as follows: First: to the payment of expenses of Trustee in executing reasonable fee to the Trustee; all this charges, costs and trust, including a I, I I 1 I: r r !' f~ ~ [ I' r F f' f ,"- Second: to the {:-ayment of the costs and expenses of such sale, including reasonable compensation to Beneficiary, its agents and attorneys, and of any judicial or private proceedings in v:hich such sale may be made, and of all other expenses, liabilities and advances made or incurred by Beneficiary under this Deed of Trust, together with interest at the Default Rate on such costs, expenses and liabilities and on all advances made by Beneficiary from the date any such cost, expense or liability is due, owing or unpaid or any such advance is made, in each case until paid in full; Third: to the payment of any Indebtedness then due, owing or unpaid, other than interest and principal in respect of the Loan secured by this Deed of Trust, and amounts payable under subparagraph "First" and "Second" above, together with interest on each such amount at the Default Rate from and after the date such amount is due, owing or unpaid until paid in full; Fourth: to the payment of the interest then due, owing or unpaid in respect of the Loan secured by this Deed of Trust, together with, to the maximum extent permitted by law, interest thereon at the Default Rate from the date such amount is due, owing or unpaid until paid in full; Fifth: to the payment of the whole amount of princi- pal then due, owing or unpaid in respect of the Loan secured by this Deed of Trust, to be applied in accordance with the Loan Agreement, with interest on such unpaid principal at the Defaul t Rate from and after the happening of any Event of Default until paid in full; and ;., 1 ~ ~ t ~" ~ -23- ,-- L L -.J ~, L