Laserfiche WebLink
<br />I <br /> <br />88-..10002A. <br /> <br />SECTION 3.3 Adjournment of Sale; Possessions for Sale; <br />Waiver of Rights by Mortgagor. <br /> <br />(a) To the extent permitted by applicable law, the <br />Trustee may from time to time adjourn any sale to be made by him <br />hereunder by announcement at the time and place of such adjourned <br />sale, and without further publication, except as otherwi se re- <br />quired by law, may make such sale at the time and place to which <br />the same may be so adjourned. <br /> <br />(b) Upon any sale, whether under any power of sale <br />hereby given or by virtue of judicial proceedings, it shall not be <br />necessary for the Trustee or any public officer acting under <br />execution or order of court to have physically present or con- <br />structively in his possession any of the Mortgaged Property. <br /> <br />SECTION 3.4 Beneficiary's Additional Remedies in Case <br />of an Event of Default. (a) Beneficiary shall be entitled to <br />recover judgment as afor.esaid either before, after or during the <br />pendency of any proceedings for the enfor~ament of the provisions <br />of this Deed of Trust and the right of Beneficiary to recover such <br />judgment shall not be affected by any entry or sale hereunder, or <br />by the exercise of any other right, power or remedy for the <br />enforcement of the provisions of this Deed of Trust, or the <br />foreclosure of the Lien of this Deed of Trust. In case of pro- <br />ceedings against Mortgagor in insolvency or bankruptcy or any <br />proceedings for its reorganization or involving the liquidation of <br />its assets, the Beneficiary shall be entitled to prove the whole <br />amount of principal and interest due in respect of the Indebted- <br />ness to the full amount thereof and all other payments, charges <br />and costs due under this Deed of Trust, without deducting there- <br />from any proceeds obtained from the sale of the whole or any part <br />of the Premises; provided, however, that in no case shall the <br />Beneficiary receive a greater amount than the aggregate of such <br />principal, interest and such other payments, charges and costs <br />(with interest at the Default Rate) from the aggregate amount of <br />the proceeds of the sale of the Mortgaged Property and the distri- <br />bu.tion from the estate of Mortgagor. <br /> <br />(b) The obtaining of any judgment by Beneficiary <br />and any levy of any execution under any judgment upon the Mort- <br />gaged ,Property shall not affect in any manner or to any extent the <br />Lien of this Deed of Trust upon the Mortgaged Property or any part <br />thereof, or any Liens, powers, rights and remedies of Beneficiary <br />hereunder, but such Liens, powers, rights and remedies shall <br />continue unimpaired as before until the judgment or levy is <br />satisfied. <br /> <br />(c) Any moneys collected by Beneficiary under this <br />Section 3.4 shall be applied in accordance with the provisions of <br />Section 3.2(c) hereof. <br /> <br />SECTION 3.5 <br />any time insist upon, <br /> <br />Extension Waiver. Mortgagor shall not at <br />or plead, or in any manner whatsoever claim <br /> <br />-25- <br /> <br />r-- <br /> <br />L <br /> <br />L <br /> <br />.-J <br /> <br />,wl <br />t:.. <br /> <br />L <br />