201104116 - Laserfiche WebLink

Browse

201104116 to make such recitaEs and to execute said conveyance and hereby covenants and agrees that t�e recitais so made shail be binding and conclusive upon the i"r�star, and said conveyance shaEl be effectual to bar al1 equity or right af redemption, homestead, dower, right af appraisement, and all other rights and exemptions of t�e Trustor all of which are hereby expressly waived and conveyed to the �'rustee. In the event of a sale as hersinabove provided, tF�e Trusfar ar any person in possess'son under the Trustor, shall then become and be tenants hoiding aver and shall forthwith deliver possession to the purchaser at such sate or be summarily dispossessed, in accordance with the pravisions af law applicable ta tenants holding aver. The power and agency hereby granted are caupled with an Interest and are irrevacable by death or otherwise. and are granted as cumulative to all other remedies for the collectian of said indebtedness. The Benefciary or Assigns my take any other appropriate actian pursuant to Sfafe or Federai sta#ute either in State ar Federal court or otherwise for the disposition of fihe �roperty. 5. in fhe �vent of a sale as prov�ded in paragraph 4, the Trustee shatl be paid a fee by the Beneficiary in an amount not in excess of o�e percent af the gross amounf of said sale or sales, provided, however, tha# the amount af such fee shall be reasonable and shall be approved by the Bensficiary as to reasonableness. Said fee shafl be in addition to the costs and expenses incurred by the Trustee in conducting such saEe. The amount of such costs and expenses shalf be deducted and paid from the sale's proceeds. It is further agreed that if said property shaU be advertis�d for sale as herein provided and not soJcf, the Trustee shal) be entitled fo a reasonable fes, in an amount acceptabfe to the Beneficiary for the services rendered. The Trustee shall also be reimbursed by the Beneficiar}r for ail costs and expenses incurred in connection with the advertfsing of said property for sale if the sale is not consummated. 6. The proceeds of any sale of said prapert�+ in accordance with paragraph 4 shall be applied first to paymen#s of fees, casts, and expenses of said sale, the expenses incurred by the Beneficiary for the �urpose of protecting or maintaining said �roperty and reasonable attorneys' fees; secondly, to payment af the indebtedness secured hereby; and thirdly to pay any surplus or excess ta the person or persons legally entifled thereto. 7. !n the event said property is sold pursuantto the autharization contained in this instrumerit or at a Judicial forec(osure sale and the praceeds are not sufficient #o pay #he total indebtedness secured by this instrument and evidenced by said promissory nate, the Beneficiary will be entitled to a deficiency judgment far fihe amount of the deficiency without regard to appraisement, the Trustor having waived and assigned all rights of appraisement to the Trustee.