Laserfiche WebLink
y, 1 <br />87-- 104661 <br />B.' Add+tiar l [lamserxl Rratacf eno/9enaNcAay s Security. Truster shall make all payments of interest and principal and payments of any other <br />efts fgM, faire and expenses contracted to be paid to arty existing Non holders or prior beneficiaries under any prior dash of trust or mortgage before <br />rte tea they we delinquent wild promptly pay and discharge any and all other Hens, claims or charges which may jeopardise the security Worried <br />r....tH li TH,.Me'hdk M w�1r� �w.......A wu,�u.f w I�di. M uu ,d IAw wti,rn�wM wnA snrww.wnl� wnwfwinMF iIf Ih{f iiYlt I� THfN M FH aMI <br />to appfieabb low, in which event such amoums Nall bow interval at the highest rate permissible under applicable law. Nothing contained in this <br />Paragraph A.B OW require Gone iciwv to incur any expense or take any action hereunder. <br />a IT 1S MUTUALLY AGREED THAT: <br />._ AsSigilitiomf Of Rerrta: Beneficiary shall have the rigfit power and authority during the continuance of this Dead of Trust to collect the roots, <br />nwss std profile of the Property and of any persona property located thereon with or without taking possession of the property affected hereby, and <br />Trostor hereby sbbiutNy and uncorWttrornally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby Consents to the <br />Tnstols d ~ern and retention of such rants. issues and profile "they accrue and become payable so long as Trustor is not.at such time, in default <br />with rigged to payment of any, uidebtedness secured hereby; or in the performance of any agreement hereunder. Upon any such default. Beneficiary, <br />may at wrw tine, either in person, by agent, or by a receiver to be appointed by a court, without notice and without regard to the adequacy of any <br />secwtly for the indebtedness hereby secured. (a) enter upon and take possession of the Property or any part thereof, and in its own name sue for or <br />otherwite collect such rents, issues and profits• including those past due and unpaid, and apply the same, less costs and expenses of operation and <br />eollactan. including reportable attorneys fees. upon any indebtedness "cured hereby, and in such order as Beneficiary may determine. (b) perform <br />such acts at repair or protection as may be necessary or proper to conserve the value of the Property; (c) lease the same or any part thereof for such <br />rental, term, and upon such conditions as its ~eat may dictate or terminate. or adjust the terms and conditions of existing leases. Unless Trustor <br />and Beneficiary thereof agree otherwise in writing, any application of rents. issues or profits to any indebtedness secured hereby shell not extend or <br />postpone the due date of the installment pai marts as provided in said promissory note or change the amount of such installments. The entering upon <br />and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure <br />any, default or notice of default hereunder or invalidate any act done pursuant to such notice. Trustor also assigns to Beneficiary, a further security for <br />the performance of the obligations secured hereby, all prepaid rents and all monies which may have been or may hereafter be deposited with said <br />Tnntor by any Iaseae of the Property, to secure the payment of any rent or damages, or upon default in the performance of any of the provisions <br />itweof. Trustor egrets to deliver such sera and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted <br />herein, , to any tenant occupying said promises shall be sufficient to require said tenant to pay rant to the Beneficiary until further notice. <br />2. Condnwwfron. If title to any, pen of the Property shall be taken in condemnation proceedings, by right of eminent domain or ei ilar action, or <br />shhel be said under threat of condemnation, elf awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall apply <br />such awards, damages and proceeds to the sum secured by this Deed of Trust, with the excess, of any. paid to Trustor. If Trustor receives any notice or <br />other mformation regarding such actions or proceedings. Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled, <br />at ns option, to commence, appear in and prosecute in its own name any such action or proceedings and shall be entitled to make any compromise or <br />settemcat in connection with any such action or proceedings. <br />3. Fwwir Advancp. Upon request of Trustor, Beneficiary at Beneficiary's option, prior to reconvoyance of the Property to Trustor, may make <br />future ad waves to Trustor. Such future advance, with interest thereon, shall be secured by this Trust Dead when evidenced by promissory notes <br />storing ttatsad totes are secured hereby; provided that at no time shall the secured principal, future advances. not including sums advanced to <br />fix tie slum r, exceed Two Hundred percent (2OD%) of the original principal amounts secured hereby. <br />4. Remedies Alec Exchm". Trustee and Beneficiary, and each of them. shall be entitled to enforce payment and performance of any <br />Indebtedness or obligations secured hereby and to exercise all rights and powers under this Teed of Trust or under any other agreement executed in <br />connection herewith at any saws now or hereafter m force, notwithstanding some or all of the such indebtedness and obligations secured hereby may <br />now or hereafter otherwise secured. whether by mortgage, deed of trust. pledge, lion. assignment or otherwise. Neither the acceptance of this <br />Dead of TrAW for its enforcement whether by court action or pursuant to the power of sale or other powers heroin contained, shall prejudice or in any <br />manner ~t Trustee's or Bateficisy's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being <br />agreed that Tna»e and Beneficiary, and each of them, shelf be entitled to enforce this Deed of Treat and any other security now or hereafter held by <br />BMatlebry, or Trustee in such order, and manow as they or either of them may in their absolute discretion determine. No remedy herein conferred <br />upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be <br />cumustiw and shelf be in addition to every otter remedy given hereunder or now or hereafter emitting at law or in equity of by statute. Every power or <br />remtdyprovided hereunder this Dead of Trust to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, <br />concurrently or independently. from time to time and as often " may be deemed expedient by Trustee or Beneficiary and either of them may pursue <br />fenedes. nothing harem shelf be construed ss prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the <br />extent such schon to permitted by low. <br />5 Tf n$AWof fre PbapO .• Assuntptan. B all or sty pat of the property or interest therein is sold, transferred or otherwise conveyed by Trustor <br />oxrIO~ Oaraficiery's pray written consent excluding (a) the creation of a Lien or encumbrance subordinate to this Dad of Trust, (b) the creation of a <br />purchase money security interest for household appliances, fc) a transfer by devise, descent or by operation of law upon the death of a joint tenant or <br />(dB t o'gri nt of Why leaahold interest of three yews or toss not containing an option to purchase, such action is a breach of this agreement, and <br />Sometkary may, at Baaficiary's option, doctors all the sums secured by this Dad of Trust to be immediately due and payable, or cause the trustee to <br />file anotxe ofdefeirtf. Beneficiary shat have waived such option to accelerate it, prior to the sale, transfer or conveyance. Beneficiary and the person <br />to Whom We property to to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that the <br />F payable on the sortie secured by thus Dad of Trust shall be at such rate as Beneficiary shall request. <br />B. AmOw hwtsprat DOAsali; Asimed irs; Sale. The failure by the Trustor to make any payment or to perform any of the toms and conditions of <br />tar MOIL or athr , or extensioha thereof. or the payment of any other indebtedness secured hereby or in the performance of <br />arryof tla sovenents or agreements hereunder *hall be a breach of this agreement and the Beneficiary may declare a default and may declare all sums <br />stsset A henmy maeedietetydfw <br />and payable and the seine shell thereupon become due and payable without presentment demand, protest or notice <br />Of say kpid. Tteteahr, B*r4ffW "away deliver to Trustee a written of default and demand for sale. Trustor agrees and hereby grants that <br />to TI MM* sitar have the power of $ of to Proporty and it Bo ishcisy decides the Property is to be sold it shall deposit with Trust" this Dad of <br />T err A tq ttlete'or ore aid anyodar evMeneing expenditures secured hereby, and shall deliver to Trustee a wrttten notice of default <br />snit to tssthapsrty su he sold and Tn fh„ m evert, sfiN1 prepare a similar notice in the form required by low. which shell be duly filed <br />has naiad by fir_ ;; <br />Aft lapse * lush tune p may be raquued btl taw foNowitg the recordation of Notice of Default. and notice of Default and Notice of <br />$ale faaen'gwat as by leer, Trwtee. without demand on Trustor. shall all the Property in one or mote parade and in such <br />user wi the ilete and ttw Haar arts phase daegnsted in said Notice of Sale, of public auction to the highest <br />..:Mt fMusr► plryabith m w'.pe m ewrfut mertey d the United 5tatss at the Irma of safe. The person conducting the ate may, <br />en hear aka the firrrr t��tetoterto until it stew be completed and, in every such case, notice of <br />art' Apr he tars theroo! by stun paann at the lure wed pracs teat appointad fix errs ple: provided, it <br />`rtli � fe trsrw eia (t I afetr Yayavtd the`dgv d�r9^ated in the Met,s:e of Sets, notice tha•of shall be given an the <br />� �e a Safa- T ..... ahtsN aixt freer Fn the tGaraheasi tft Deed c the Prop ®rty serf anr<3: <br />warenh. . or ..TM re6etaairi. ins Dead nil am mattsro ale fsatssheH he corscausays prrarJe •.,r <br />;. • . riic wd terttitefrert. ..fiery or Trustee. may inrrCnaae at the seta, <br />e areti apply the proceeds of the sate FL vay neeot of the crusts and ex #ale ore, ,.:` <br />thu'A , ore poymerit tA Trusloo % Foag rncurrsaG, wh,an Tnrslea s Frr: r <br />Mood WOO" Me anneunt secutod hereby and rmnaira," npa,d Vir.cer =.i•,,,. <br />la* ic1 m the c*dw triers aerated. <br />