Laserfiche WebLink
r <br />L <br />85--- 00311 9 <br />default or pursuant to such notice of default and, <br />notwithstanding the continuance in possession of <br />the Trust Estate or the collection, receipt and <br />application of rents, issues or profits, Trustee <br />or Beneficiary shall be entitled to exercise every <br />right provided for in any of the Loan Instruments <br />or by law upon occurrence of any Event of Default, <br />including the right to exercise the Power of Sale; <br />(b) Commence an action to foreclose this Deed of Trust <br />as a mortgage, appoint a receiver, or specifically <br />enforce any of the covenants hereof; or <br />(c) Deliver to Trustee a written declaration of <br />default and demand for sale, and a written notice <br />of default and election to cause Trustor's <br />interest in the Trust Estate to be sold, which <br />notice Trustee shall cause to be duly filed for <br />record in the appropriate Official Records of the <br />County in which the Trust Estate is located. <br />18. FORECLOSURE BY POWER OF SALE. Should Beneficiary <br />elect to iorec ose y exercise o t e Power of Sale herein <br />contained, Beneficiary shall notify Trustee and shad <br />deposit with Trustee this Deed of Trust and the Note and <br />such receipts and evidence of expenditures made and secured <br />hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, <br />Trustee shall cause to be recorded, published and <br />delivered to Trustor such Notice of Default and <br />Notice of Sale as then required by lay: and by this <br />Deed of Trust. Trustee shall, without demand on <br />Trustor, after such time as may then be required <br />by law and after recordation of such Notice of <br />Default and after Notice of Sale having been given <br />as required by law, sell the Trust Estate at the <br />time and place fixed by it in such Notice of Sale, <br />either as a whole, or in separate lots or Parcels <br />or itets an Trustee shall deem expedient, and in <br />such order as it may determine, at public auction <br />to the highest bidder for cash in lawful money or <br />the United States, or certified check payable at <br />the time of sale. Trustee shall deliver to such <br />purchaser, or purchasers thereof, its good and <br />sufficient deeds conveying the property so sold, <br />but without any covenant or warranty, express or <br />implied. The recitals in such deed of any matters <br />or facts shall be conclusive proof of the truth- <br />fulness thereof. Any person, including, without <br />limitation, Trustor, Trustee or Beneficiary, may <br />purchase at such sale and Trustor hereby covenants <br />to warrant and defend the title of such purchaser <br />or purchasers. <br />(p) As may be permitted by law, after deducting all <br />costs, fees and expenses of Trustee and of this <br />Trust incurred in connection with any such default <br />or sale or foreclosure or all of them, including <br />costs of evidence of tita.:. in connection with sale <br />and any attorneys' fees incurred by tWe Trustee, <br />Trustee shall apply the proceeds of sale to pay- <br />ment of (i) all sums expended under the terms <br />hereof, not then repaid, wiLh accrued interest at <br />the default rate provided in the Note, (ii) all <br />other sums then secured hereby, and (iii) the <br />remainder, if any, to the person or persons <br />legally entitled thereto. <br />627b`,• :s <br />M <br />7 <br />