Laserfiche WebLink
<br />200708713 <br /> <br />proper time and in the proper manner. Borrower shall also keep in good repair all grass, waterways, terraces, and open <br />ditches. <br />6. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shaH give <br />Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />7. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in connection <br />with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shaH be paid to Lender. <br />8. BORROWER NOT RELEASED; FOREBEARANCE BY LENDER NOT A WAIVER. Extension of the time <br />for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to <br />Borrower or any successor in interest of Borrower shall not operatc to release the liability of the original Borrower or <br />Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest <br />or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrower or Borrower's successors in interest. Any forebearance by Lender <br />in exercising any right or remedy, shall not be a waiver of or preclude the exercise of any right or remedy. <br />9. DEFAULT. That, if the Borrower defaults in any of the covenants or agreements contained herein or in <br />performance of the Promissory Note(s) secured hereby, then the Beneficiary may perform the same and that all <br />expenditures made by Beneficiary in so doing shall draw interest at the rate provided in the Promissory Note(s) and shall <br />be repayable by Borrower to Beneficiary and, together with interest and costs accruing thereon, shall be secured by this <br />Deed of Trust. <br />10.ACCELERATION UPON DEFAULT. If the Borrower defaults in the payment of any installment of principal <br />or interest due under said Promissory Note(s) or if the Borrower defaults in the performance of any other covenant or <br />agreement to be performed under said Promissory Note(s) or this Deed of Trust, or if a trustee, receiver or liquidator of <br />the Property or of Borrower shaH be appointed, or any of the creditors of Borrower shall file a petition in bankruptcy <br />against Borrower, or for the reorganization of Borrower pursuant to the Federal Bankruptcy Code or any similar law, <br />whether federal or state, and if such order or petition shall not be discharged or dismissed within thirty (30) days after the <br />date on which such order or petition was filed, or. Borrower shall file a petition pursuant to the Federal Bankruptcy Code <br />or any similar law, federal or state, or if Borrower shall be ajudged a bankrupt, or be declared insolvent, or shall make an <br />assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due, or shall <br />consent to the appointment of a receiver of all or any part of the property, or if any representation or warrant made by <br />Borrower on any financial statements or reports submitted to Lender by or on behalf of Borrower shall prove false or <br />materially misleading, or if Borrower is a corporation or partnership and more than fifty percent (50%) of the shares or <br />beneficial interests in such corporation or partnership, as the case may be, shall be transferred or conveyed, whether <br />voluntarily or involuntarily, without the written consent of Lender being first had and obtained. <br />Upon the occurrence of any of the above described defaults, or anytime thereafter, Beneficiary may, at its option, <br />declare all the indebtedness secured hereby immediately due and payable and the same shall bear interest at the default <br />rate, if any, set forth in the Note, or otherwise at the highest rate permitted by law, and, irrespective of whether <br />Beneficiary exercises said option, it may, at its option and in its sole discretion, without any further notice or demand to or <br />upon Trustor, do one or more of the following: (a) Beneficiary may enter upon, take possession of, manage and operate <br />the Property or any part thereof, make repairs and possession, in its own name, sue for or otherwise collect and receive <br />rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and <br />collection, including reasonable attorney fees and Beneficiary's costs, upon the indebtedness secured hereby and in such <br />order as Beneficiary may determine. The entering upon and taking possession ofthe Property, the collection of any rents, <br />issues and profits, and the application thereof as aforesaid, shall not cure or waive any default theretofore or thereafter <br />occurring, or affect any notice of default or notice of sale hereunder or invalidate any act done pursuant to any such <br />notice. Beneficiary may bring any action in any court of competent jurisdiction to foreclose this Deed of Trust or enforce <br />any of the covenants hereof and Beneficiary may elect to cause the Property or any part thereof to be sold under the power <br />of sale, and in such event, Beneficiary may elect to cause the Property or any part thereof to be sold under the power of <br />sale, and in such event, Beneficiary or Trustee shall give such notice of default and notice of sale as may be then required <br />bylaw. <br />11. POWER OF SALE. That the Borrower hereby confers upon the Trustee a power to sell the property which <br />the Trustee may exercise and under which the property may be sold in the manner provided by law. At the option of the <br />beneficiary, this Deed of Trust may be foreclosed in the manner provided by law for the foreclosure of mortgage on real <br />property. That, if a sale of the property by the Trustee is exercised under this power of sale, the proceeds shall be applied <br />first to the payment of the costs and expenses of exercising the power of sale, including the fee of the Trustee in an <br />amount not to exceed two per cent (2%) of the sale price then to the payment of the obligation secured by the Deed of <br />Trust and the balance, if any, to the person or persons legally entitled thereto. <br />12. ACCELERA TION IN THE EVENT OF TRANSFER. In the event the title to the said real estate is <br />transferred, or contracted to be transferred, from the undersigned for any reason or by any method whatsoever, the entire <br />principal sum and the accrued interest shall at once become due and payable at the election of the Beneficiary. Failure to <br />exercise this option because of transfer of title as above stated in one instance shall not constitute a waiver of the right to <br />exercise the same in the event of any subsequent transfer. <br />13. DUTIES OF TRUSTEE. Borrower agrees that: (a) Duties and obligations of Trustee shall be determined <br />solely by the express provisions of this Deed of Trust and Trustee shall not be liable except for the performance of such <br />duties and obligations as are specifically set forth herein, and no implied covenants or obligations shall be imposed upon <br />Trustee; (b) No provisions of this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur <br />any financial obligation in the performance of any of its duties hereunder, or in the exercise of any of its rights or power; <br />(c) Trustee may consult with counsel of its own choosing and the advice of such counsel shall be full and complete <br />authorization and protection in the respect of any action taken or suffered by it hereunder in good faith and reliance <br />