Laserfiche WebLink
<br />I <br /> <br />".~; ; 84i- 004738 <br /> <br />r <br /> <br />13. Future Advances, Upon request of Trustor, Beneficiary, at <br />Beneficiary's option, prior to reconveyance of the Property to <br />the Trustor, may make future advances to the Trustor, Such <br />future advances, with interest thereon, shall be secured by <br />this Trust Deed when evidenced by promissory notes stating that <br />said notes are secured hereby; provided that at no time shall <br />the secured principal, future advances, not including sums <br />advanced to protect the security, exceed one hundred percent <br />(100%) of the original principal amounts secured hereby, <br /> <br />14. Remedies Cumulative, All remedies provided in this Trust <br />Deed are distinct and cumulative to any other right or remedy <br />under this Trust Deed or afforded by law or equity, and may be <br />exercised concurrently, independently or successively. <br /> <br />15, Acceleration; Remedies; Sale, Upon default by Trustor in <br />the payment of any indebtedness secured hereby or in the per~ <br />formance of any agreement hereunder, Beneficiary may declare <br />all sums secured hereby immediately due and payable by delivery <br />to Trustee of written declaration of default. The Trustee <br />shall have the power of sale of the Property and if Beneficiary <br />desires the Property to be sold, it shall deposit with Trustee <br />this Trust Deed and all promisor ,-y notes and documents <br />evidencing expendi tures secured her..,' J' and shall deliver to <br />Trustee a written notice of defa c and election to cause the <br />Property t:o be sold, and the Trus tee in turn shall prepare a <br />similar Notice in the form required by law, which shall be duly <br />filed for record by Trustee. <br /> <br />(a) After the lapse of such time as may be required by law <br />following the recordation of said notice of default, and <br />notice of default and notice of sale having been given as <br />required by law, Trustee, without demand on Trustor, shall <br />sell the Property on the date and at the time and place <br />designated in said notice of sale, at public auction to <br />the highest bidder. the purchase price payable in lawful <br />money of the United States at the time of sale, The <br />person conducting the sale may, for any cause he deems <br />expedient, postpone the sale from time to time until it: <br />shall be completed and, in every such case, notice of <br />postponement shall be given by public declaration thereof <br />by such person at the time and place last appointed for <br />the sale; provided. if the sale is postponed for longer <br />than (1) day beyond the day designated in the notice of <br />sale, notice thereof shall be given in the same manner as <br />the original notice of sale. Trustee shall execute and <br />deliver to the purchaser his Deed conveying the Property <br />sold, but without any covenant or warranty, express, or <br />implied, The recitals in the Deed of any matters or facts <br />shall be conclusive proof of the truthfulness thereof, <br />Any person, including Beneficiary, may purchase at the <br />sale. <br /> <br />(b) When Trustee sells pursuant to the powers herein, the <br />Trustee shall first apply the proceeds of the sale to <br />payment of the costs and expenses of exercising the power <br />of sale and of the sale, including the payment of the <br />Trustee's fees and expenses actually incurred, which shall <br />include all attorney's fees incurred by the Trustee in the <br />rendition of his duties and the Trustee shall be entitled <br />to hire such attornies as he may see fit, including any <br />firm with which Trustee may be associated, and then to the <br />items in subparagraph (c) in the order there stated, <br /> <br />(c) <br /> <br />Aft.er paying t.he items specified in suboara"rfmh (b) if <br />the sale is by Trus tee, or t he proper' cou;t :'md - o'ther <br />costs of foreclosure and sale if the sale is pursuant to <br />judicial foreclosure, the proceeds of sale shall be <br />applied in the order stated to the payment of: <br /> <br />L <br /> <br />(i) Cost of any evidence of title procured in connection <br />with such sale and of any revenue stamps; <br /> <br />-5- <br />