Laserfiche WebLink
~409i02~~ <br />be immediately due and payable and proceed to the remedies available to it under the default <br />provisions contained herein. <br />11, Events of Default. Any of the following events shall be deemed an event of <br />default hereunder: <br />(a) Trustar shall have failed to make payment or any <br />installment of interest, principal or principal and interest or any <br />other sums secured hereby when due; <br />(b) There has occurred a breach of or default under any <br />term, covenant, agreement, condition, provision, representation or <br />warranty contained in this Deed of Trust, the note or any other loan <br />instrument secured hereby; <br />(c) There has been a default by the Trustor in the <br />payment of any prior or subsequent lien or encumbrance in respect <br />to all or any part of the property; <br />(d) Trustor shall file a voluntary petition in bankruptcy <br />ar shall be adjudicated bankrupt or insolvent, or shall make an as- <br />signment for the benefit of creditors in respect to the property; or <br />an action to enforce any lien or encumbrance or judgments against <br />the property is commenced. <br />12. Acceleration U on Default. In the event of any default, Beneficiary may declare <br />all indebtedness secured hereby to be due and payable, and the same shall thereupon became due <br />and payable without any presentment, demand, protest or notice of any kind. Thereafter, <br />Beneficiary may: <br />(a) either in person or by agent, with ar without bringing <br />any action or proceeding, or by receiver appointed by a court and <br />without regard to the adequacy of any security, enter upon and take <br />possession of the property, or any part thereof, in its own name or <br />in the name of the Trustee, and do any acts which it deems <br />necessary and desirable to preserve the value, marketability or rent- <br />ability afthe property, ar part thereof or interest therein, increase <br />the income therefrom ar protect the security hereof, and, without <br />taking possession of the property, sue for or otherwise collect the <br />rents, issues and profits thereof, including those past due and <br />unpaid, and apply the same, less costs and expenses of operation <br />and collection, including attorney fees, upon any indebtedness <br />secured hereby, all in such order as Beneficiary may determine. <br />The entering upon and taking possession of the trust estate, the <br />collection of such rents, issues and profits and application thereof <br />as aforesaid shall not cure ar waive any default or notice of default <br />hereunder or invalidate any act and in response to such default or <br />pursuant to such notice of default and, notwithstanding the <br />continuance in possession of the property ar the collection, receipt <br />and application of rents, issues or profits, Trustee or Beneficiary <br />maybe entitled to exercise every right provided far in any of the <br />loan instruments ar by law upon occurrence of any event of default, <br />including the right to exercise the power of sale; <br />(b) commence on action to foreclose this Deed of Trust <br />as a mortgage, appoint a receiver, or specifically enforce any of the <br />covenants hereof; <br />(c) deliver to Trustee a written declaration of default <br />and demand for sale, and a written notice of default and election to <br />cause Trustor's interest in the property to be sold, which notice <br />Trustee shall cause to be duly filed far record in the official records <br />of the county in which the property is located. <br />13. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise <br />of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with <br />Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and <br />secured hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall file <br />for record, in the Register of Deeds office in the County where the property is located, a notice of <br />default, setting forth the name of the Trustor, the Book and Page ar Document No. of this Deed <br />of Trust as recorded in said Register of Deeds office, the legal description of the above-described <br />real estate and that a breach of an obligation, for which said real estate was conveyed as security, <br />3 <br />