Laserfiche WebLink
85== 000407 <br />13. Future Advances. Upon request of Trustor, Beneficiary, at <br />Beneficiary's option, prior to reconveyance of the Property to <br />the Trustor, may make future advances to the Trustor. Such <br />future advances, with interest thereon, shall be secured by <br />this Trust Deed when evidenced by promissory notes stating that <br />said notes are secured hereby; provided that at no time shall <br />the secured principal, future advances, not including sums <br />advanced to protect the security, exceed one hundred percent <br />(100`10) of the original principal amounts secured hereby. <br />14. Remedies Cumulative. All remedies provided in this Trust <br />Deed are distinct and cumulative to any other right or remedy <br />under this Trust Deed or afforded by law or equity, and may be <br />exercised concurrently, independently or successively. <br />15. Acceleration; Remedies; Sale. Upon default by Trustor in <br />the payment of any indebtedness secured hereby or in the per- <br />formance of any agreement hereunder, Beneficiary may declare <br />all sums secured hereby immediately due and payable by delivery <br />to Trustee of written declaration of default. The Trustee <br />shall have the power of sale of the Property and if Beneficiary <br />desires the Property to be sold, it shall deposit with Trustee <br />this Trust Deed and all promissory notes and documents <br />evidencing expenditures secured hereby, and shall deliver to <br />Trustee a written notice of default and election to cause the <br />Property to be sold, and the Trustee in turn shall prepare a <br />similar Notice in the form required by law, which shall be duly <br />filed for record by Trustee. <br />(a) After the lapse of such time as may be required by law <br />following the recordation of said notice of default, and <br />notice of default and notice of sale having been given as <br />required by law, Trustee, without demand on Trustor, shall <br />sell the Property on the date and at the time and place <br />designated in said notice of sale, at public auction to <br />the highest bidder, the purchase price payable in lawful <br />money of the United States at the time of sale. The <br />person conducting the sale may, for any cause he deems <br />expedient, postpone the sale from time to time until it <br />shall be completed and, in every such case, notice of <br />postponement shall be given by public declaration thereof <br />by such person at the time and place last appointed for <br />the sale; provided, if the sale is postponed for longer <br />than (1) day beyond the clay designated in the notice of <br />sale, notice thereof shall be given in the same manner as <br />the original notice of sale. Trustee shall execute and <br />deliver to the purchaser his Deed conveying the Property <br />sold, but: without any covenant: or warranty, express, or <br />implied. The recitals in the Deed of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. <br />Any person, including Beneficiary, may purchase rat the <br />sale.. <br />(b) When Trustee sells pursuant to the powers herein, the <br />Trustee shall first apply the proceed`; of the sale to <br />payment of the costs and expenses of exercising the power <br />of sale and of the sale, including, the payment. of the, <br />Trustee's fees and expenses .actually incurred, which shall <br />include all attorney's fees incurred by they Trustee in the <br />rendition of his duties and the Trustvv shall be entitled <br />to hire such at.tornier, as he may sage fit, including any <br />firth with which Truster may he associated, and than to the <br />items in subparagraph (c) in the order there stated. <br />(c) After paying the items, specified in subparagraph (b) if' <br />Me We is by Trustee, or the proper tourt .atxi other <br />costs of foreclosure and sale if the We is pursuant to i <br />judat�a:aI fOree IosUra'. then proceed_ (if s aIv shaI I be- <br />:app l a ed i n t he carder s tat ed t o t fit, p,ay ?IIIvnI of <br />( 1 ) WI Of :any e v i d r i t � . ' e ' o f t i t le prn"ured in rontavct ion j <br />with "each s,n1t. carrel tal .any rovvtaue, .banal ;; <br />