|
1.2ti1'(sC
<br />I n O(; 0'3
<br />by them; and either of them may pursue inconsistent remedies. if
<br />l; Beneficiary holds any additional security for any obligation secured
<br />t' hereby, it may enforce the sale thereof at its option, either before,
<br />t. contemporaneously with, or after the sale is }Wade hereunder, and on any
<br />y. default of Truster; Beneficiary may, at its option, offset against any
<br />indebtedness, secured hereby, and the .Beneficiary is hereby authorized
<br />and empowered at its option, without any obligation so to do, and
<br />without. affecting the obligations hereof, to apply toward the payment of
<br />any indebtedness of the Truster to the Beneficiary any and all sums of
<br />money of Truster which" Beneficiary may have in its possession} or under
<br />its control; including without limiting the generality of the foregoing,
<br />any savings account, - deposit, investment certificate, escrow. or - trust -. :..
<br />funds.
<br />24. Acknowledgment: Truster agrees and acknowledges that prior
<br />to the execution of this Deed of Trust. Truster did acknowledge in
<br />err =_tiny and hereto confirms again that this [seed of Trust is not a
<br />mortgage, but a` deed of trust, (b) that the, poorer of sale provided for
<br />herein} provides substantially different. rights and obligations for Truster
<br />than a mortgage in the event of a fault or bread} of any obligations
<br />hereunder, and (CI the aforementioned written acknowledgment was
<br />executed prior to the execution of this Deed of Trust.
<br />25. "llteclalety: in the event that any provision or clause of this
<br />Deed of Trust conflicts with applicable lawn, such conflict shall no affect
<br />other provisions of this Heed of Trost which can be given effect without.
<br />1.
<br />the conflicting provision, and to this end the provisions of this Deed of
<br />.; Trust are declared to be severable.
<br />t
<br />26. General Provisions: - (al This feed of Trust applies to, irhures
<br />to the benefit. of, and binds all ,parties hereto, their heirs, legatees,
<br />y
<br />- devisees, administrators, executors, successors and assigns. (b) The
<br />term "Beneficiary" shall mean the owner and holder (including a pledgee)
<br />of any mote secured Thereby, whether" or not named as Beneficiary
<br />herein. (c) Wherever the context so mires, the masculine gender
<br />r includes the feminine and neuter, the sirKpOar number iocJudrs thew,
<br />plural, and vice versa, f4 d) Captioas and paragraph headings used
<br />herein are for convenience only, are not a part of this agreement, and
<br />shall not be used in construing it. (el The terra * Truster" shall mean
<br />the original Truster hereunder and ary subsequent owner of the trust
<br />property who acquires sarme subject to ' this lid of Trust with the
<br />}'
<br />' - , y. � is now or hereafter
<br />consent of the Beneficiar if zwe than one
<br />`
<br />named herein as Trust, each obligation of Truster shall be the joint
<br />and several obligation of each such sor-The ruts or remedies
<br />granted hereunder, or by Law, shall not be exclusive, but shall be
<br />concurrent and cumulative-
<br />27. 'TRUSTEE ACCEPTS this Trust inhere this Deed of Trust, duly
<br />executed and acknowledged, is made a public record as provided by law-
<br />Trustee is not obligated to notify any party hereto of per ding sale
<br />under any other Deed of Trust tam- any action or proceeding in which
<br />Truster, £hetieficaary or Trustee shall the" a party, unless brought by
<br />Trustee _
<br />
|