My WebLink
|
Help
|
About
|
Sign Out
Browse
200805276
LFImages
>
Deeds
>
Deeds By Year
>
2008
>
200805276
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
6/18/2008 4:57:29 PM
Creation date
6/18/2008 4:57:28 PM
Metadata
Fields
Template:
DEEDS
Inst Number
200805276
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
17
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
<br />200805276 <br /> <br />(e) Receivers. As a matter of right and without notice to Trustor or anyone <br />claiming under Trustor, and without regard to the then value of the Trust Estate or the <br />interest of Trustor therein, or the solvency of Trustor, seek the appointment of a receiver <br />for the Trust Estate and, to the maximum extent permitted by law, for all other assets of <br />Trustor, all upon ex parte application to any court of the competent jurisdiction. Trustor <br />waives any right to a hearing or notice of hearing prior to the appointment of a receiver <br />and irrevocably consents to such appointment. Such receiver shall have all of the usual <br />powers and duties of receivers in like or similar cases and all of the powers and duties of <br />Lender in case of entry as provided above and shall continue as such and exercise all such <br />powers until the later of the date of confirmation of sale of the Trust Estate or the date of <br />expiration of any redemption period, unless such receivership is sooner terminated. All <br />expenses incurred by the receiver or its agents, including obligations to repay funds <br />borrowed by the receiver, shall constitute a part of the Obligations. Any revenues <br />collected by the receiver shall be applied first to the expenses of the receivership, <br />including reasonable attorneys' fees incurred by the receiver and Lender, together with <br />interest thereon at the Default Rate from the date incurred until paid, and the balance <br />shall be applied toward the Obligations or in such other manner as the court may direct. <br /> <br />(f) Other Rights and Remedies. Exercise all other rights and remedies <br />provided in this Deed of Trust, in any of the other Loan Documents, or by law. <br /> <br />5.3 Personal Property. It is the express understanding and intent of the parties that as <br />to any personal property interests subject to Article 9 of the Dee, Lender, upon an Event of <br />Default, may proceed under the Dee or may proceed as to both real and personal property <br />interests in accordance with the provisions of this Deed of Trust and its rights and remedies in <br />respect to real property, as specifically permitted under Section 9-604 of the Dee. <br /> <br />5.4 Remedies Not Exclusive. Lender and Trustee shall be entitled to enforce payment <br />and performance of any Obligations and to exercise all rights and powers under this Deed of <br />Trust or under any of the other Loan Documents or any laws now or hereafter in force, <br />notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, <br />whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the <br />power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner <br />affect Lender's or Trustee's right to realize upon or enforce any other security now or hereafter <br />held by Lender or Trustee, it being agreed that Lender and Trustee shall be entitled to enforce <br />this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such <br />order and manner as it may in its absolute discretion determine. No remedy conferred in this <br />Deed of Trust upon or reserved to Lender or Trustee is intended to be exclusive of any other <br />remedy in this Deed of Trust or any of the other Loan Documents or now or hereafter existing at <br />law or in equity or by statute. Every power or remedy given by any of the Loan Documents to <br />Lender or Trustee, or to which Lender or Trustee may be otherwise entitled, may be exercised, <br />concurrently or independently, from time to time and as often as may be deemed expedient by <br />Lender or Trustee. Lender or Trustee may pursue alternative or inconsistent remedies. <br /> <br />5.5 Possession of Trust Estate. If, following the sale of the Trust Estate pursuant to <br />the exercise of remedies under this Deed of Trust, Trustor continues to occupy any of the Trust <br /> <br />4820-8559-3602.1 <br /> <br />12 <br />
The URL can be used to link to this page
Your browser does not support the video tag.