Laserfiche WebLink
let A writ of execution or attachment or any similar prods: `• •" issued or levied against all or any part of or interest in <br />such property, or any judgment involving monetary darnag. entered against Trustor which shall become a lien on <br />such property or portion thereof or interest therein and such c n. attachment ur similar process or judgment is not re- <br />leased, bonded, satisfied. vacated or stayed within sixty 160) o.. .ur its entry or levy; or <br />1f) Bankruptcy, insolvency, reorganization, arrangement, or liquidation proceedings or other proceedings for relief under <br />any bankruptcy law or other law for the relief ofdebtors shall he instituted by or againstTrustororany Guarantorhert 4lfand. <br />if instituted against such party shall be consented to or shall not be dismissed within sixty (60) days after such institution; or <br />(g) Trustor or any successor in interest of Trustor, voluntarily or involuntarily should sell, exact, convey, transfer, contract <br />to sell, lease with option to purchase, sublease, dispose of, change the character or use of, or further encumber such property, or <br />any part thereof, or any interest therein, or if any said parties shall be divested of title to such real property of any part thereof, <br />or any interest therein either voluntarily or involuntarily, or if title to such property be subjected to any lien or charge voluntar- <br />ily or involuntarily, contractual or statutory, without the written consent of Beneficiary being fiat had obtained, or <br />(h) If Trustor is a partnership and the interest of a general partner terminates, is assigned or transferred, or is diminished in <br />any respect, or if Trustor is a corporation and a majority of the voting corporate stock is transferred, sold or assigned, or if the <br />Trustor is a Trustee of a trust and there is a change of any of the Beneficial interest of the trust; or <br />6) Trustor shall, without the consent of Beneficiary, create or consent to the establishment of a district which has taxing <br />powers. <br />ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES: In the event of any default hereunder, Beneficiary <br />may, at its option,: <br />(a) Terminate additional advances, if any, to be made under or pursuant to the Promissory Note or any building loan agree- <br />ment; or <br />(b) Declare any sum secured hereby immediately due and payable and the same shall there upon become due and payable <br />without any presentment, demand, protest or notice of any kind; or <br />f (c) At any time, with or without notice, either in person, by agent, or by receiver to be appointed by the Court without regard <br />the adequacy of any security for the indebtedness secured hereby, enter upon and take possession ofsuch property or any part <br />thereof, make, cancel, enforce or modify leases; obtain and eject tenants, set or modify rents; in its own name sue orotherwise <br />collect the rents, income, issues and profits thereof, including those past due and unpaid; and apply the same, less costs and <br />expenses of operation, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as <br />Beneficiary may determine; and except for such application, Beneficiary shall not be liable to any person for the collection or <br />noncollection of any rents, income, issues or profits for the failure to assert or enforce any of the foregoing rights, nor shall <br />lieneficiary be charged with any of the duties and obligations of a mortgagee in possession. The entering upon and taking <br />possession ofsuch property, the collection ofsuch rents, income, issues or profits, the doing of other acts herein authorized, and <br />the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act <br />done pursuant to such notice; or <br />(d) Cause to be filed of record, a written notice of default and election to sell such property. After the lapse ofsuch time as then <br />may be required by law following recordation ofsuch notice ofdefault, and notice ofsale having been given as required by law, <br />"Trustee, without demand on Trustor shall sell such property, either as a whole or in separate parcels, and in such order as it or <br />Beneficiary may determine at public auction to the highest bidder. The Trustee may postpone the sale of all or any portion of <br />such property by public announcement at the time of sale, and from time to time thereafter, may postpone the sale by public <br />announcement at the time and place fixed by the preceeding postponement. Trustee shall deliver to such purchaser its deed <br />conveying the property so sold, without any covenant or warranty, express or implied. The recitial in such deed of any matters <br />u f fact or otherwise shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, <br />may purchase at said sale. Trustee may also sell at any such sale and as a part thereof, any shares of corporate stock securing <br />the obligation secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at it's option may also <br />foreclose on such shares by independent pledge sale, and Trustor waives demand of notice of such sale.) After deducting all <br />costs. fees and expenses of Trustee, and of this trust, including cost of evidence of title in connection with such sale, Trustee <br />shall first apply the proceeds of sale to the payment of all sums expended under the terms hereof, not then repaid, with accrued <br />interest at the rate then payable under the note or notes secured hereby, and then to payment of all other sums secured hereby, <br />and if thereafter there be any proceeds remaining, distribute them to the person or persons legally entitled thereto. <br />If this Deed of Trust or any note secured hereby provides for any charge for prepay men tof any indebtedness secured hereby. <br />Trustor agrees to pay said charge, if any ofsaid indebtedness shall be paid prior to the maturity date thereofstated in said note <br />or this Deed of Trust, even if and notwithstanding Trustor shall have defaulted in payment thereof, or in performance of any <br />agreement hereunder, and Beneficiary by reason thereof, shall have declared all sums secured hereby immediately due and <br />payable. <br />SCHEDULE OF LEASES: Within ten (10) days after demand, Trustor shall furnish to Trustee or Beneficiary a schedule, <br />certified by Trustor, setting forth all leases ofsuch property, including, in each case, the name of the tenants or occupants, a <br />description of the space occupied by such tenant and occupant, the rental payable for such space and such other information <br />and documents with respect to such leases and tenancies as the Trustee or Beneficiary may request. <br />COVENANTS OF TRUSTOR WITH RESPECT TO LEASES: Without the prior written consent of Trustee or Beneficiary, <br />Trustor shall not, directly or indirectly, with respect to any lease of space in such property, whether such lease is not or <br />hereafterter in existence: (a) accept or permit any prepayment, discount or advance payment of rent thereunder; (b) cancel or <br />terminate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would <br />�, f <br />L- entitle the lessee thereunder to terminate or cancel the same; lei amend or modify the same sous to reduce the term thereof, the <br />49I! <br />rental l' yabi' :' reun. r. or t,) cl ange :.ny rene'v it p, i ms therein containe(i; (di wiii%a any default thereunder,)rbreech <br />threof; le) give any consent, waiver or approval thereunder or take ;trey other action in connection therewith, or with a lessee <br />thereunder, which would have the effect of inipuiring the value of lessors interest thereunder or the property subject thereto, or <br />t0' <br />of impairing the position or interest of the'Trustee or Beneficiary, on 0 sell. assign, pledge, mortgage o r otherwise dispose of, or <br />t <br />e -nl'I niter Its interest in any' said lease ter any rents, issues or profits issueing or rising thereunder. <br />rusto( .1gre'e•s thut.'al the duties iln,l obligations of t rusts•v futil he kirternimetl stllell by the <br />!'xllr p o,t,iont, it moi , D-11 ,1f Trl18t : \nil the I'rtl.vtee shall Ili,( lit' hahle for the pertorinit ice ,lt stle'h dunes and <br />, hogail o" as are vperlficalit set forth herein, and no it»p6e,i t r,ven:ui is „r „bllpntions chili! he imposed upon tire 1'rustee•:,b, <br />[ noproof thcr l?cw3 of'ft,lst �hidl reetulre Trustee toexpendor risk ti} ownwads, ur• 4herw' ise' int. or :en >' tnunciol oi'ligatlon it'. <br />l <br />! <br />_J <br />