Laserfiche WebLink
L <br />87- 102944 <br />near secured hereby, or the lien of this Deed of Trust upton the renini rider of such property for the full amount of the indebtedness <br />then or thereafter, secured hereby, or the rights or powers of the Beneficiary or the Trustee with respect to the remainder of such <br />property, Trustee may (a) reconvey any part of such property, (b)consent to the making of any map or plat thereof, (c) join in grant- <br />ing any easement thereon, or (d) join in any extension agreement or any agreement subordinating the lien or charge hereof. <br />Full Reconveyance; That, upon written request of Beneficiary stating that all sums secured hereby have been paid, Trus- <br />tee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of fact <br />shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be designated as "the person or persons <br />legally entitled thereto ". Such request and reconveyance shall operate as a reassignment of the rents, income, issues and profits <br />bereirbefore assigned to Beneficiary. <br />Right to Collect and Receive Rents and Profits: Notwithstanding any other provisions hereof, Beneficiary hereby grants <br />permission to Trustor to collect and retain the rents, income, issues and profits of such property as they become due and payable, <br />but reserves the right to revoke such permission at ariy time, with or withoutcause, by notice in writing to Trustor, mailed to Trus- <br />tor at his last known address. In any event, such permission to Trustor automatically shall be revoked upon default by Trustor in <br />paymentotany indebtedness secured hereby or in the performanceofany agreement hereunder, On anysuchdefault, Beneficiary <br />may at any time without notice, either in person, by agent, or by receiver to be appointed by the Court, and without regard to the <br />adequacy of any security fur the indebtedness secured hereby, enter upon and take possession of such property, or any part thereof, <br />make, cancel, enforce or modify leases; obtain and eject tenants, set or modify rents; in its own name sue or otherwise collect the <br />rents, income, issues and profits thereof, including those past due and unpaid; and apply the same, less coats and expenmof opera - <br />Linn and collection, including reasonable attorney's fees, upon any indebtedness secured hereby and to such order as Beneficiary <br />may determine; and except for such application, Beneficiary shall not be liable to any person for the collection or noncollection of <br />any rents, income, issues or profits, for the failure toassertor enforce anyof the foregoing rights, norshall Beneficiary becharged <br />with any of the duties And obligations of a mortgagee in possession. The entering upon and taking possession of such property, the <br />collection of such rents, income. issues or profits, the doi ng of other acts herein authorized, and the application thereof as aforesaid, <br />shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. <br />Trustee's Sale on Default: Upon default by Trustor in payment of any indebtedness secured hereby or in performance of <br />any agreement hereunder, or any agreement secured hereby. Beneficiary may declare all sums secured hereby immediately due <br />and payable and shall cause W be filed of record a written noticeof default and election W sell such property. After the lapaeofauch <br />time as then may be required by law following recordation of such notice of default, and notice of sale having been given as then <br />required by law. Trustee, without demand on Trustor, shall sell such property, either as a whole or in separate parcels, and mooch <br />order as it or Beneficiary may determine at public auction to the highest bidder. Trustee may postpone thesale of all or any portion <br />of such property by public announcement at the time and place of sale, and from time to time thereafter may postpone thesale by <br />Public announcement at the time and place fixed by the preceding postponement. Trustee shall deliver tosuch purchaser itadeed <br />conveying the property so sold^ but without any covenant or warranty, express or implied. The recital in such deedof any matters <br />of fact or otherwise shall be. conclusive prof of the truthfulness thereof. Any person, including Trustor. Trustee or Beneficiary, <br />may purchase at such sale. Trustee may also sell at any such sale and as part thereof any shares of corporate stock securing theobli- <br />gation secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at its option may also foreclose on such <br />shares by independent pledge sale, and Trustor waives demand and notice of such sale.) After deducting all costs, fees and <br />expenses of'i'ruste•e, and of this Trust. including cost of evidence of title in connection with such sale, Trustee shall fi rat apply the <br />proceeds of sale to payment of all Sums expended under the terms hereof, not then repaid, with accrued interest at the rate then <br />payable under the note or notes -secured hereby, and then to pay silent of all other sums secured hereby, and if thereafter there be <br />any proceeds remaining, distribute them to the person or persons legally entitled thereto. <br />If this Dred of Trustor any note liecured hereby provides for any charge for prepayment of any indebttdnesssecured here- <br />by. Trustor agrees to pay said charge, if any of said indebtedness shall be paid prior to tilt maturity date thereof slated in said <br />note or this Deed of Trust. even if and notwithstanding Trustor shall have defaulted to payment thereof, or in performance of any <br />agreement hereunder, and Beneficiary by reason thereof, shall have declared all sutras secured hereby immediately due and <br />payable. <br />Substitution of Trustee: That Benefl , , , may, from time to tune, by instrument in writing, substitute a successor or sue- <br />cessors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary and <br />recorded in the office of the register of dcceu of !h— -linty or counties where such property is situated, shall be conclusive proof of <br />proper substitution of such successur "rrustee or Trustees, who shall, without conveyances from the Trustee predecessor, succeed <br />to all its title, estate, rights, power and duties <br />No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in <br />writing. Waiver by Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of <br />Trust as to any transaction or occurrences shall not he deemed a waiver as to any future transaction or occurrences. By accepting <br />paymentuf any sum secured hereby after its due date, or by making any payment or performing any acton behalfof Trustor that <br />Trustor was obligated hereunder, but failed, to make or perform, or by adding any payment set made by Beneficiary to the <br />indebtedness secured hereby, Beneficiary does riot waive its right to require prompt payntent when due of all other sums so <br />secured or w require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. <br />Waiver of Statute of Limitations: Time is of the essence in all Trustor's obl igations hereunder; and to the extent permitted <br />by law. Trustor waives all present or future statutes of limitations with respect to any debt, dernand or obligation secured hereby <br />in any action or proceeding for the purpose of enforcing this Trust or any rights or remedies hereunder. <br />Inspection and Business Records: Beneficiary at any time during the continuation of this Trust may enter and inspect <br />such property at any reasonable tittle. Trustor agrees that in the event such property is now or hereafter used for commercial or <br />residential income purposes, when requested by Beneficiary. Trustor will promptly deliver to Beneficiary such certified financial <br />statements and profit and loss statements of such types and at suet, intervals as may be required by Beneficiary which will be in <br />form and content prepared according to the usual and acceptable accounting principles and practices, which statements shall <br />cover the financial operations relsting to such property and Trustor further agrees when requested by Beneficiary to promptly <br />deliver in writing such further additional information as required by Beneficiary relating to any such financial statements. <br />Acceleration Clause: Should Trustor, or any successor in interest of Trustor, voluntarily or involuntarily sell, exchange, <br />convey, transfer, contract to sell, lease with option to purchase, sublease, dispose of, change the character or use of, or further <br />encumber such property, or any part thereof. or any interest therein, or if any of said parties shall be divested of title to such real <br />Prupterty or any part thereof or any Interest therein either voluntarily or involuntarily, or if title to such property besubjected Lonny <br />lien or charge voluntarily or involuntarily, cost tract ualorslatuWry, without the ritlenconsentof lieneficiarybeingfirsthadand <br />obtained, then Beneficiary shall have the right, at its option, to declare all sums secured hereby forthwith due and Payable; and <br />this manic right of acceleralton shall be available W Beneficiary if lire undersigned is it partnership and the interest of a general <br />Partner terminates, is assigned or transferred, or is diminished or if the undersigned is a corporation and any of the corporate <br />stuck is transferred, wild or Assigned. or of the undersigned is a trustee o. a trust and there is a change of any of the beneficial inter - <br />tat of the trust <br />Ntmedin: No remedy litres prorettie shall la• exclusive of any other rerne•dy herein or now or hereafter existing by law. <br />bat shall ln• t ^umulal+vt. Every pn,wc•r or remedy hereby given to Truster or to Beneficiary ur to w n!rh a nlheru(Lhem may lmuther <br />wise• rotated. tnay to exererse•d from little to tirne and as often ss may he derrne•d r pr+i rot hp hell and tither of than may <br />pearsue nne•utasisirnl rrmtal!es. If kcnrfuvary holds any addnmnal sec•unt,v fur any ohiiatation .r.•ure,l hereby, it may enforce the <br />:ale therev,f at ,Ba opton. erthrr ladore. tonttntporancsnisly witli, ur after the sale is made hereunder and.m+any default - ,f'I'rustur, <br />p4enrfrriary !nay, at its npt;un . offset aga,n,t asp uulthtellh`­ secured herel,, . an,i th, iirnrlir�ar} in hereby sulh. nixed and <br />I <br />