Laserfiche WebLink
<br />I" <br /> <br />83..... () 0 6420 <br /> <br />c."targes or to make any payments to any existing prior lien holders or beneficiaries, Beneficiary may procure such <br />insurance and make such payment. Any amounts disbursed by Beneficiary pursuant to this Paragraph 6 shall become <br />additional indebtedness of Tru$tOr secured by this Deed of Trust. Such amounts shall bepayabie upon notice from <br />Beooficiary to Trustor requesting payment thereof, and shail bear interest from the date of disbursement at the rate <br />payable from time to time on outstanding principal under the Note unless payment of interest at such rate would b. <br />contrary to applicable law, in which event such amounts shail bear interest at the highest rate permissible under <br />applicable law. Nothing contained in this Paragraph 6 shall require Beneficiary to incur any e""ense or take any <br />action hereunder. <br /> <br />7. Assignment of Rents. Beneficiary shall have the right, power and authority during the continuance of <br />this Deed of Trust to collect the rents, issues and profits of the Property and of any personal propertY located <br />thereon with or without taking po......ion of the property affected hereby, and Trustor hereby absolutely and un- <br />COnditionally ...!gns all such rent.. issues and profits to Beneficiary. Beneficiary. however, hereby consents to the <br />Trustor's coltection and retention of such renu, issues and profits as they accrue and become payable so fong as <br />Trustor is not. at such time. in defaujt with respect to payment of any indebtedness secured hereby, or in the <br />performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, either in person, <br />by agent, or by a receiver to be appointed by a court. without notice and without regard to the edequacy of any <br />.......rity for the indebtedness hereby secured, (a) enter upon and take po.....ion of the Property or any part thereof, <br />and- in its own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, <br />and apptv the same. less costs and expenses of operation and collection, including reasonable attorneys fees, upon <br />any indebtedness secured hereby. and in such order as Beneficiary may determine; (b) perform such acts of repair or <br />protection as may be neceosary or proper to conserve the value of the Property; (c) lea.. the same or any part <br />th.ereof fOf' such rental. term, and upon such ccindition$as Its judgment may dictate or terminate or-adjust the terms <br />and conditions of any existing lease Of leases. Unless Trustor and Benefi-ciary agree otherwise in writing. any applica- <br />tion of rents. iuues Of profits to any indebtedness secured hereby shall not extend or postpone the due date of the <br />instaUment paymenu as provK:led in said promissory note or change the amount of suCh installments.. The entering <br />upon and taking posse5Sion of the Property. the collection of such rents. issues and profits, and the application <br />thereof as aforesa>d, shall not waive or cure any defeult or notice of default hereunder, or invelidate any act done <br />pursuant to ",ch notice. Trustor al... assjgm to Beneficiary, as further security for the performance of the obliga- <br />tio", secured hereby, all prepaid rerm and ail moni", which may have been or may hereafter be deposited with said <br />Truuor by any I...... of the ProPerty, to secure the payment of any rent or damages. and upon default in the <br />performance. of any of the provtsion. hereof, Trustor agrees to deliver such rents and dePOsits to Beneficiary. De- <br />fwefY of written notice of Baneficiary's exercise of the r1ghts granted herein. to any te-nam occupying said premises <br />shan be sufficient to require said tenant to pay saKi rent to the Beneficiary until further notice. <br /> <br />8. CondemneISon. ff title to any part of the PropertY st.all be taken in condemnation proceedings, by <br />right of eminent domain Or similar actfOn. or shall be sold under threat of condemnation, aU awards. damages and <br />proceeds are hereby OSlognea and shall be paid to Beneficiary who shall apply "'ch awards, damages and proceeds to <br />the sum secured by this Oeeo of Trust. with tnti' excess. if any. paid to Trustor. If Trustor reeerves any n... ,...8- or <br />other informatIOn regarding such actiom. or prOCeedings. Tl\Istor shaH give prompt written t'lOtice thereof to Be-n~ <br />ficiarv. BeneficiarV shall be entitled. at its OPtion. to commence. appear in and prosecute in its own name any $uch <br />action or proceecHngs and sheil be entitled to make any compromise or settlement in connection with any such <br />action Of proceedings.. <br /> <br />9. Future Advances. Upon requlttt of Tru.stor. Beneficiary at Beneficiary's option, Prior to reconveyance of <br />the Property to Trustor may make future adv-ances to Trustor. Such fuwre advances. with interflt thereon, shall <br />be staJred by this Deed of Trust when ...idenced by promissory notes stating that said notes are secured hereby. <br /> <br />10. Remedies Not bclusiva. Trustee and Beneficiary, and each of them. shall be .ntitled to enforce pay. <br />ment and performance of any indeb~ed""", or Obligations secured hereby and to exercise all rights and powers under <br />this Deed of i rust: or under any other agreement executed in connection herewith Of any laws now or hereafter <br />In force. notwithstanding some or all of the...ch indebtedness and obligations $IlCUred hereby may now or hereafter <br />be otherwi. secured, whethe< by m""-, deed of trust, pledge, lien, assignment or otherwi... Neither the acoep. <br />tanaI of this D...., of Trust nor Its onforcement whether by court action or pursuant to the power of sale or other <br />__ h.tin contained, shail preju<lice or in any man_ aff<<t Trustee's or Beneficiary'. right to realize upon or <br />enton:e any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Ben... <br />fk:iary. ana l!ICh of them, sNll be entitled to enforce this Deed of Trust and any other security now or hereafter <br />held by Beneficiary or Trust.... in ...ch order ana m...ner .. they or either of them may in their absolute discretion <br />determine. No r....edy llerein conferred upon or reserved to Trustee or Beneficiary i. intended to be exclusive of any <br />Qthor remedy herein or by low Provided or permitted, but each shall be cumulative and shall be in addition to every <br />0_ rtnledy g;.en llerOlUlder or now or hereafter existing at low or inequity or by "atute. Every power or remedy <br />_lded _nd... this 0_ of Trust to TruSlft or Beneficiary or to which either of them may be otherwise <br />entitf<<l may be exercisad, concurrently or independently, from time to time and .s often as may be deemed ex. <br />podient by TN,"" or aen.fic:iary and either of them may pur...e inconsistent remedies. Nothing herein shall be <br />constrUed .. oroltiblti", Senefic:iary from seel<ing a deficiency judgment against the Trustor to the ""tent such <br />.aeti<m is permitted by law. <br /> <br />11, T..... 'If the I'<oparty; AQumption. If ail or any part of the properry or any interest therein is sold. <br />It.....ted or _..,od by Tru_ withoutS-riciary', prior ......ilten consant, exCluding tal the creation of. lian <br />01 ~_sul>orcinete U> this.Deed of Tt1.lst, {bl the a_ion of. purch.... money $l!CUrity interest for h<>u... <br />IIGId _~ leI . ~ by d..... desaem or by oP<<UIon of l.w upon the death of . joint te""nt or (d) the <br />.- of any leaNIlokl i_lit 'If thr.. yea.. or I... not containing an oPlion to purch.... Beneficittry may, at <br />Benefir:llry'. 09t00n, dacl;are all the sumo $OCUted l>v. this Deed 01 Trust to be immediately due and peyabl.; prov .dad. <br /> <br />!WI. li.I83 <br /> <br />p,.,3of8 <br />