Laserfiche WebLink
<br />I <br /> <br />84-....., ( 003660 <br /> <br />able and proceed to the remedies available to it under the <br />default provisions contained herein. <br /> <br />11. Events of Default. Any of the following events shall <br />be deemed an event of default hereunder: <br /> <br />(a) Trustor shall have failed to make payment of <br />any installment of interest, principal or principal and <br />interest or any other sums secured hereby when duel <br /> <br />(b) There has occurred a breach of or default <br />under any term, covenant, agreement, condition, provi- <br />sion, representation or warranty contained in this Deed <br />of Trust, the note or any other loan instrument secured <br />hereby; <br /> <br /> <br />(c) There has been a default by the Trustor in <br />the payment of any prior or subsequent lien or encum- <br />brance in respect to all or any part of the propertYl <br /> <br />(d) Trustor shall file a voluntary petition in <br />bankruptcy or shall be adjudicated bankrupt or insolvent, <br />or shall make an assignment for the benefit of creditors <br />in respect to the propertYl or an c ~ion to enforce any <br />lien or encumbrance or juci :"ents against the property <br />is commenced. <br /> <br />12. Accelerat~on Upon Default. In the event of any <br />default, Beneficiary shall give written notice of such default by <br />certified mail, return receipt requested, effective upon the date <br />of mailing, and Trustor shall have thirty (30) days from the date <br />of such notice to cure and correct any default or to undertake <br />such action as may be necessary to cure any default, other than <br />the payment of any sum secured hereby, which cannot be reasonably <br />cured within thirty (30) days, and thereafter, if such default <br />shall continue Beneficiary may declare all indebtedness secured <br />hereby to be due and payable, and the same shall thereupon become <br />due and payable without any presentment, demand, protest or <br />notice of any kind. Thereafter, Beneficiary may: <br /> <br />(a) either in person or by agent, with or without <br />bringing any action or proceeding, or by receiver <br />appointed by a court and without regard to the adequacy <br />of any security, enter upon and take possession of the <br />property, or any part thereof, in its own name or in <br />the name of the Trustee, and do any acts which it deems <br />necessary and desirable to preserve the value, market- <br />ability or rentability of the property, or part thereof <br />or interest therein, increase the income therefrom or <br />protect the security hereof and, without taking posses- <br />sion of the property, sue for or otherwise collect the <br />rents, issues and profits thereof, including those past <br />due and unpaid, and apply the same, less costs and <br />expenses of operation and collection, including attorney <br />Ie€.,5, up0ri a.ny .ii.!dal:.Ledncss 6eCUi:et.l her~by I all in such <br />order as Beneficiary may determine. The entering upon <br />and taking possession of the trust estate, the collec- <br />tion of such rents, issues and profits and application <br />thereof as aforesaid shall not cure or waive anv <br />default or notice of default hereunder or invalid~te <br />any act and in response to such default or pursuant to <br />such notice of default and, notwithstanding the continu- <br />ance in possession of the property or the collection, <br />receipt and application of rents, issues or profits, <br />Trustee or Beneficiary may be entitled to exercise <br />every 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 exerci.se the power of salel <br /> <br />(b) commence an action to foreclose this Deed of <br />Trust as a. mortgage, appoint a receiver. c.r specifically <br />enforce any of the covenants hereof; <br /> <br />-4- <br />