Laserfiche WebLink
�01�o24s2 <br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to <br />foreclose by exercise of the Power of Sale herein contained, Beneficiary shall <br />notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and <br />such receipts and evidence of expenditures made and secured hereby as <br />Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to <br />be recorded, published and delivered to Trustor such Notice of Default and <br />Notice of Safe as then required by law and by this Deed of Trust. Trustee shall, <br />without demand on Trustor, after such time as may then be required by law and <br />after recordation of such Notice of Default and after Notice of Sale having been <br />given as required by law, sell the Trust Estate at the time and place of sale fixed <br />by it in such Notice of Sale, either as a whole, or in separate lots or parcels or <br />items as Trustee shall deem expedient, and in such order as it may determine, at <br />public auction to the highest bidder for cash, in lawful money of the United <br />States, payable at the time of sale. Trustee shall deliver ta such purchaser or <br />purchasers thereof, its good and sufficient deed or deeds, conveying the property <br />so sold, but without any covenant or warranty, express or implied. The recitals in <br />such deed of any matters or facts shall be conclusive proof of the truthfulness <br />thereof. Any person, including, without limitation, Trustor, Trustee, and <br />Beneficiary, may purchase at such sale, and Trustor hereby covenants to warrant <br />and defend the title of such purchaser or purchasers. <br />(b) As may be permitted by law, after deducting all costs, fees, expenses <br />of Trustee and of this Trust, including costs of evidence of title in connection with <br />saie, Trustee shalf appfy the proceeds of sale to payment of (i) all sums <br />expended under the terms hereof, not then repaid, with accrued interest at 8 <br />percent per annum, (ii) all other sums then secured hereby, and (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 of all or <br />any portion of the Trustee Estate. <br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of <br />them, shall be entitled to enforce payment and perFormance of any indebtedness <br />or obligations secured hereby and to exercise all rights and powers under this <br />Deed of Trust or ur�der any Loan Instrument or other agreement or any faws now <br />or hereafter in force, notwithstanding some or all of the such indebtedness and <br />obligations secured hereby may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement whether by court action or <br />pursuant to the power of sale or other powers herein contained, shall prejudice or <br />in any manner affect Trustee's or Beneficiary's right to realize upon or enforce <br />any other security now or hereafter held by Trustee or Beneficiary, it being <br />agreed that Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce this Deed of Trust and any other security now or hereafter held by <br />5 <br />