Laserfiche WebLink
201101662 <br />secured hereby immediately due and payable and the same shall thereupon <br />become due and payable without presentment, demand, protest or notice of any <br />kind. Thereafter, Beneficiary may deliver to Trustee a written declaration <br />of default and demand for sale. Trustee shall have the power of sale of the <br />Property and if Beneficiary decides the Property is to be sold, it shall <br />deposit with Trustee this Deed of Trust and the Note or notes and any other <br />documents evidencing expenditures secured hereby, and shall deliver to <br />Trustee a written notice of default and election to cause the Property to be <br />sold, and Trustee, in turn, shall prepare a similar notice in the form <br />required by law, which shall be duly filed for record by Trustee. <br />(a) After the lapse of such time as may be required by law following <br />the recordation of Notice of Default, and notice of Default and Notice <br />of Sale having been given as required by law, Trustee, without demand on <br />Trustor, shall sell the Property hereinbefore described, and any and <br />every part thereof, in separate parcels or en masse as the Trustee may <br />elect and in such order as Trustee may determine on the date and at the <br />time and place designated in said Notice of Sale, at public auction to <br />the highest bidder, the purchase price payable in cash in lawful money <br />of the United States at the time of sale. The person conducting the <br />sale may, for any cause he or she deems expedient, postpone the sale <br />from time to time until it shall be completed and, in every such case, <br />notice of postponement shall be given by public declaration thereof by <br />such person at the time and place last appointed for the sale; provided, <br />if the sale is postponed for longer than one (1) day beyond the day <br />designated in the Notice of Sale, notice thereof shall be given in the <br />same manner as the original Notice of sale. Trustee shall execute and <br />deliver to the purchaser its Deed conveying the property so sold, but <br />without any covenant or warranty, express or implied. The recitals in <br />the Deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including without limitation, <br />Beneficiary or Trustee may purchase at the sale. Said sale shall be <br />conducted at the real estate forming a part of the Property or at the <br />court house in the county in which the Property to be sold, or some part <br />thereof, is situated. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall <br />apply the proceeds of the sale to payment of the costs and expenses of <br />exercising the power of sale and of the sale, including, without <br />limitation, the payment of Trustee's fees incurred, which Trustee's fees <br />shall not in the aggregate exceed the sum of Five Hundred and no/100th <br />Dollars ($500.00) plus 1/2 of lo of the amount secured hereby and <br />remaining unpaid and then to the items set forth in subparagraph (c) of <br />this paragraph FIFTH in the order therein stated. <br />(c) After paying the items specified in subparagraph (b) af this <br />paragraph FIFTH, if the sale is by Trustee, or the proper court and <br />other costs of foreclosure and sale if sale is pursuant to judicial <br />foreclosure, the proceeds of sale shall be applied in the order stated <br />below to the payment: <br />(1) Cost of any evidence of title procured in connection with such <br />sale and of any revenue required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person or persons legally <br />entitled thereto. <br />Each of the parties to this Deed of Trust hereby requests that a copy of any <br />Notice of Default and a copy of any Notice of Sale provided for hereinabove <br />be mailed to each such party at the party's post office address set forth <br />herein. Upon the occurrence of any default hereunder, Beneficiary shall have <br />the option to foreclose this Deed of Trust in the manner provided by law for <br />the foreclosure of mortgages on real property. <br />SIXTH. Trustor specifically agrees that (a) Trustor, at its expense, <br />will execute and deliver to Beneficiary, promptly upon request, such security <br />instruments as may be required by Beneficiary, in a form and substance <br />satisfactory to Beneficiary, covering any of the Property conveyed by this <br />Deed of Trust which security instruments shall be additional security for <br />Trustor's faithful performance of all of the terms, covenants and conditions <br />