85002913 - Laserfiche WebLink

Browse

002913 6. AdNgonal Lbno and Protealon of 9"WI Nsry's 00�9 Other charges, less and ex Socw t . Trustor shall make all payments of Interest and principal and payments of any Other before , i date t expenses contracted to be paid to any existing Ilenholders or prior beneficiaries under any prior deed of trust or mor- secure they are delinquent and promptly pay and discharge any and all other liens, claims or charges which may jeopardize the ty granted herein. If Trustor fails to make any such payment or falls to this Deed of Trust, or in any prior mortgage or deed of trust, or If any action or proc�ing any cmmenced which materrialllyy affects Beneficiary's In In- terest In the Property, Including, but not limited to, eminent domain proceedings, or proceedings involving a decedent, or if Trustor falls to Trustor's debts generally as they become sue, then Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor without releasing Trustor from any obligation hereunder, may make such a WY Pa for and necessary to protect Beneficiary's Interest, including, but not limited to, disbursement ofaeasonab e attorneys fees, aymentcpuchasea con- test Or compromise of any encumbrance, charge or Ilan, and ant u procure insurance or to entry Pon the Property to make repairs. In the event that Trustor shall fall to procure In ra Pay taxes, assessments, or any other charges or to make any payments to existing such Insurance and make such Payment. Deco is additional Indebtedness of Trustor secured by thin Deed of y amounts disbursed shall Prior Ilan holders or graeficiaris shall Trustor requesting fY Pursuant ti this Paragraph l shall eq g payment thereof, and shall bear Interest from the date of disbursement at the rate payable from ntimeeto time o�fstindi to principal under the Note unless payment of Interest at such rate would be contrary to applicable law, In which event such amounts sh tmest at the hlgheat rate permlsalble under applicable law. Nothing contained In this Paragraph 6 shall require Beneficiary to Incur any se or take any action hereunder. Y geese 7• Aselignmellillt IN Raab. Beneficiary shall have the right, Issues and profits of the Pr g , Power and authority during the continuance of this Deed of Trust to collect the rents, Property and of any personal property located thereon with or without taking hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Benefi Beneficiary, however, pr opsrty affected consents to the Trustor's collection and retention of such rents, Issues and profits as they accrue and become payable so long as Trustor Is not at such time, In default with respect to payment of any Indebtedness secured hereby, or In the performance of any agreement hereunder. any such default, Beneficiary may at any time, either In person, by agent, or by a receiver to be a U regard to the adequacy of any security for the Indebtedness hereby secured, (a) enter upon and take by a court, without notice and without thereof, and in Its own name sue for or otherwise collect such rents, issues and profits, Including those past due and unpaid, paid, Property aly the, less costs and expenses of operation and collection, including reasonable attorneys tees, upon any Indebtedness secured hereby, and in such order as Beneficiary may determine; (b) perform such acts of 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 rental, term, and upon such conditions as its judgment may dictate or terminate or Just the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any applications rents Issues or profits to any Indebtedness secured hereby shall not extend or postpone the due date of the installment payments as provided In Said promissory note or change the amount of such Installments. The entering upon and taken rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or Invalidate g Possession of the Property, the collection Of Such any act done pursuant to such notice. Trustor also assigns to Beneficiary, as further security for the performance of the obligations secured hereby, all prepaid rents and all monies which may have been or may hereafter be deposited with said Trustor by any lessee of the Property, to secure the payment of any rent or damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant occupying said premises shall be sufficient to require said tenant to pay said rent to the Beneficiary until further notice. S. CondewmatIML If title to any part of the Property shall be taken in condemnation proceedings, by right of eminent domain or similar or shall be sold under threat of condemnation, all awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall apply such awards, damages and proceeds to the sum secured by this Deed of Trust, with the excess, if an action, any notice or other Information regarding such actions or proceedings, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary hall be entitled, at Its option. to commence, a Y, Paid to Trustor. It Trustor receives ry P appear in and prosecute In its own name any such action or proceedings and shall be entitled to make any compromise or settlement in connection with any such action or proceedings. 9. Remedies Not Exetuslw. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebted- ness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any other agreement executed in con- nection herewith or any laws now or hereafter in farce, not some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall Prejudice or In any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereater held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter treed by Beneficiary po or re er Trustee in such order and manner as they or either of them may In their absolute discretion determine. No remedy herein conferred 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 cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust d Trustee or Beneficiary or to which either i of them may be otherwise entitled, may be exercised, concurrer;tfy or Independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue Inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary y deficiency Judgment against the Trustor to the extent such action Is permitted by law. 10. Transfer of the g a �clary from seeking a without Beneficiary's Pity' Assumption. If all or any part of the property or any Interest therein is sold, transferred or conveyed by Trustor ry's prior written consent, excluding (a) the creation of a lien of encumbrance subordinate to this Deed of Trust, (b) the creation Of a purchase money security Interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase. Beneficiar ma tine declare all the sums secured by this Deed of Trust to be immediateiv due and paveble. or cause the Trustee to fie J Beneficiary shall have waived such option to accelerate if, prior to the sale, Transfer or conveyance, Beneficiary and the, at eneficiary's op- Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and of the interest payable on the sums secured by this peed of Trust shall beat such rate as Beneficiary shall request. person to whom the It. Aeoerleration upon Default; Remedies; gale Upon default by Trustor in the payment of or performance of the term Note, or any renewals, modifications or extensions thereof, or the payment of any other indebtedness secured her any of the covenants or agreements hereunder, Beneficiary my declare all sums secured hereby Immediate) due a sand conditions of the shall thereupon hereby or in the performance of po become due and payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may Trustee a written declaration of default and demand for sale. Trustee shall have the power of sale of the Property and ifd Payable and the same Property Is to be sped it shall deposit with Trustee this Deed of Trust and the Note or Hates and any ether documents evident expenditures deliver to secured hereby, and shall deliver to Trustee a written notice of default and election to cause the Property to be sold, and Trusitee, in turn, shall Prepare a similar notice in the form required by law which shall be duly filed for record by Trustee. g penditures (a) After the lapse of such time as may be required by law following the recordation of Notice of Default, and Notice of Default and Notice of Sale having been given as required by law, Trustee, without demand on Trustor, shall sell the Property in one or more parcels and in such order as Trustor may determine On the date and at the time and place designated in said Notice of Sale, at public auction to the highest bidder, the Purchase price payable in cash in lawful money of the United States at the time of safe. The person conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of p®stponement shall be given hone (1) day beyond he day designated in the Notice of Sale, not lIce thereof shall be i Trustee shall execute and deliver to the purchaser its Deed conveying the Propehal sb given in the same a ner a sale is postponed for longer Sal. g van iu the same manner as t original Notice re Safe. ifnplied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. An limitation Beneficiary or Trustee, may Y ant r warranty, express, or y purohaas at the sal®, y person, including without (b) When fruatee sells pursuant to the powers herein, Trustee shall apply the proceeds of th ., safe to payment Of the costs and expenses exercising the power Of sale and of the sale, including, without limitation, the payment of Trustee's Fees incurred, which Trustee's Fens shall not in the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaid: 9 percentum on the alan of Ihereof, and then to the items Set forth In subparagraph (c) hereof in the order therein stated, balance t a1 ..x...,11 x