Laserfiche WebLink
<br />-`~ gg-- vU2975 <br />.y ~ <br />11. FORECLOSURE BY POWER OF SALE. Should Benficiary elect to <br />foreclose by exercise o the Power o Sale herein aontained, Rene- ' <br />ficiary shall notify Trustee and shall deposit with Trustee. this <br />Deed of Trust and the Note and such receipts and eVence of expend- <br />itures made and secured hereby as Trustee may requ <br />(a} Upon receipt of such notice from Beneficiary, Trustee shall - <br />cause to be recorded, published and deliver to Trustor such Notice <br />of Default and Notice o€ Sale as then required by Iaui and by this <br />Deed of Trust. Trustee shall, without demand on Trustor, after such <br />time as may then be required by law and after recordation of such <br />Notice of Default and after Notice of Sale having been given as re- <br />quired by law, sail the Trust Estate at the time and place of sale <br />fixed by it in such Notice of Saie, either as a whole, or in separate <br />lots or paresis or items as Trustee shall deem expedient, a~ in <br />such order as it may determine, at public auction to the highest <br />bidder for cash in Lawful money of the United States payable at the <br />time of sale. Trustee shall deliver to such purchaser or purchasers <br />thereof its goad and sufficient deed or deeds conv~ye$n8orhimpro~drty <br />so sold, but withouC arty covenant or warranty, exp P <br />The recitals in such deed of an;' matters or facts shall be con- <br />clusive proof of the truthfulness thereof. Any person, includha e <br />without Iimitation.Trustor, Trustee, and Beneficiary, may pu <br />at such sale and Trustor hereby covenants to warrant and defend bhe <br />title of such purchaser or purchasers. <br />{b} As may be permitted by law, after deducting all costs, <br />fees, expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the <br />proceeds of sale to payment of (i) all sums expended under the terms <br />hereof, not Chen repaid, with accrued interest at °o percent <br />per annum, {ii} all other sums then secured hereby, an iii) the <br />remainder, if any: to the person or persons legally entitled thereto. <br />{c} Trustee may in the manner provided by law, postpone sale <br />of all or any portion of the Trustee Estate. <br />IZ. REAfEDIES NOT EXCLUSIIrE. Trustee and Beneficiary, and each <br />of them, s a e entitle to enforce payment and performance of <br />any indebtedness or obligations secured hereby and to exercise all <br />rights and powers under this Deed of Trust or under any Loan Instru- <br />ment or other agreement ar any laws now or hereafter in force, not- <br />withstanding soma or all of the such indebtedness and obligations <br />secured hereby may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. <br />Neither the acceptance of this Deed of Trust nor its enforcemenC, <br />whether by court action or pursuant to the power of sale or other <br />powers herein contained, shall prejudice or in any manner affect <br />Trustee's or Beneficiary's right to realize upon or enforce any <br />other security now or hereafter held by Trustee or Beneficiary, it <br />being agreed that Trustee and Beneficiary, and each of them, shall <br />be entitled to enforce this Deed of Trust and any other security now <br />or hereafter held by Beneficiary or Trustee in such order and manner <br />as they err either of them may in their absolute discretion deter- <br />mine, No remedy herein conferred upon or reserved to Trustee or <br />Beneficiary is intended to be exclusive of any other remedy herein <br />or by law provided or permitted, but each shall oe cumulative and <br />~ ,hall be in addition to every other remedy given hereunder or now <br />or hereafter existing at law ar in equity or by statute. Every <br />power or remedy given by any of the Loan Instruments to Trustee or <br />Beneficiary or to which either of them may be otherwise entitled, <br />may be exercised, concurrently or independently, from time to time, <br />and as often as may be deemed expedient by Trustee or Beneficiary <br />and either of them may pursue inconsistent remedies. Nothing herein <br />shall be construed as prohibiting Beneficiary from seeking a defi- <br />ciency judgment against the Trustar to the extend such action is <br />permitted by law. <br />i3 BER,lJ~S'T FOR NOTICE. Trustor hereby requests a copy of any <br />notice o~'~Te a~ ~r~ that any notice of sale hereunder be mailed <br />to it aG tha addrass sat forth in the first paragraph of this Deed <br />of Trust. <br />