Laserfiche WebLink
r <br />84 --- t~ao7sa <br />(a) to the costs and expenses of exercising the power of sale and' <br />of the sale, including, but not limited ta, Trustee's fees of <br />not more than lx of the gross sale price, reasonably attorney <br />free, and costs of title evidence; <br />(b) to the Indebtedness; and <br />(c) the excess, if any, to the person or persons legally entitled <br />thereto. <br />16. Trustor's Right to Reinstate. If Trustor, within one month of .Lender''s <br />recording of a notice of default under this Trust Deed, if the power of sale is to. be <br />exercised, shall pay to Lender <br />(a) the entire amount then due under the terms of this Trust-Deed <br />and under the terms of the Indebtedness secured hereby, other <br />than such portion of the Indebtedness as would not then be-due <br />had no default occurred (the demand notes referred to herein- <br />above shall be deemed, for purposes of this Trust Deed and for <br />purposes of this Paragraph 16, papable in full for all gurposes <br />including reinstatement); <br />(b) the costs and expenses actually incurred by Lender in enforcing <br />the terms of this Trust Deed, including reasonable attorney <br />fees, recording costs and title evidence costs; and <br />(c) the Trustee's fee of $50.00 or one-half of 1~ of the entire <br />Ghen unpaid principal balance, whichever is greater <br />and shall promptly cure all other Events of Default then existing under the terms of <br />this Trust Deed, a21 proceedings theretofore instituted shall be dismissed and dis- <br />continued, this Trust Deed shall be reinstated and shall be and remain in force and <br />effect as if no acceleration had occurred. Nothing contained herein shall impose <br />upon Lender a duty or obligation to transmit to, or provide Trustor a copy of the <br />notice of default beyond or in addition to that duty or obligation provided by appli- <br />cable law, if any. <br />17. Assignment of Rents; Appointment of Receiver Lender in Possession. As <br />additional security hereunder, Trustor hereby assigns to Lender the rents of the <br />Property, provided that Trustor shall, prior to acceleration of the maturity of the <br />Indebtedness ar Trustoe's abandonment of the Property, have the right to collect and <br />retain such rents as they become due and payable. <br />Upon acceleration of the maturity of the Indebtedness or abandonment of the <br />Property, Lender, in person, by agent or by judicially appointed receiver, shall be <br />entitled to enter upon, to take possession of and manage the Property and collect the <br />rents of the Property including those past due. All rents collected by Lender or the <br />receiver shall be applied first to payment of the cost of management of the Property <br />and. collection of rents, including, but not limited to, receiver's fees, premiums on <br />receiver's bonds and attorney fees, and then to Indebtedness secured by this Trust <br />Deed. Lender and the receiver shall be liable to account only for those rents actu- <br />ally collected and shall, in no event, be liable or accountable for a failure to <br />procure tenants, to collect rents, to prosecute actions to recover possession of <br />progerty or otherwise for say negligence or mismanagement. <br />lg. Future Advances. Upon request of Borrower and without notice to or <br />constnt by Trustor, Lender, at Leader's option, prior to full reconveyance of the <br />Property by Trustee to Trustor, may make future advances to Borrower. Such future <br />advances, with interest thereon, shall be secured by this Trust IIeed. At no time <br />sha1L the secured principal future advances, not including sums advanced to protect <br />the security, exceed the total suw of $1,000,000.00. Advances ar disbursements made <br />by Lender to protect the security, even though the same, under the terms hereof, are <br />discretionary, shall not be deemed to be optional future advances. <br />19. Reconveyance. Upon payment of all Indebtedness secured by this Trust <br />Deed:; Leader shall request Trustee to reconvey the Property and shall surrender this <br />