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�01106232 <br />Delivery of written notice of Beneficiary's exercise of the rights granted herein to any tenant occupying said <br />premises shall be sufficient to require said tenant to pa rent to the Beneficiary until further notice. <br />8. CONDEMNATION. If title to <br />proceedings, by right of eminent domain or similar ac <br />da.mages, and proceeds are hereby assigned and shall <br />and proceeds to the sum secured by this Trust Deed, � <br />damages or proceeds, or any portion thereof may be <br />damaged or rendered unusable by reason of the co <br />receives any notice or other information regarding si <br />norice thereof to Beneficiary. Beneficiary shall be en <br />its own name, any such action or proceedings and <br />connection with any such action or proceedings. <br />9. FUTURE ADVANCES. Upon � <br />reconveyance of the Property to Trustor, may make <br />thereon, shall be secured by this Trust Deed when e <br />hereby; provided that at no time shall the secured <br />protect the security, exceed two hundred percent (2C <br />y part of the Property shall be ta.ken in condemnation <br />�, or shall be sold under threat of condemnation, all awards, <br />paid to Beneficiary who shall apply such awards, damages, <br />i the excess, if any, paid to Trustor, except that such awazd, <br />ed to restore or replace any portion of the Property taken, <br />;mnation at the discretion of the Beneficiary. If Trustor <br />actions or proceedings, Trustor shall give prompt written <br />ed, at its oprion, to commence, appear in, and prosecute, in <br />all be entitled to make any compromise or settlement in <br />;st of Trustor, Beneficiary, at Beneficiary's option, prior to <br />re advances to Trustor. Such future advances, with interest <br />iced by promissory notes stating that said notes are secured <br />cipal and future advance, not including sums advanced to <br />of the original principal amounts secured hereby. <br />10. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce payment and performance of any indebtednes� or obligations secured hereby and to exercise all rights and <br />powers under this Trust Deed or under any other agreement executed in connection herewith or any laws now or <br />hereafter in force, notwithstanding some or all of such indebtedness and obligations secured hereby which may now <br />or hereafter be otherwise secured, whether by mortga e, trust deed, pledge, lien, assignment, or otherwise. Neither <br />the acceptance of this Trust Deed nor its enforcement, whether by court action or pursuant to the power of sale or <br />other powers herein contained, shall prejudice or in an� manner affect Trustee's or Beneficiary's right to realize upon <br />or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and <br />Beneficiary, and each of them, shall be entitled to en�orce this Trust Deed and any other security now or hereafter <br />held by Beneficiary or Trustee in such order and manner as they, or either of them, may, in their absolute discretion, <br />determine. No remedy herein conferred upon or rese�ed to Trustee or Beneficiary is intended to be exclusive of <br />any other remedy herein or by law provided or permi'tted, but each shall be cumularive and shall be in addition to <br />every other remedy given hereunder or now or hereafter existing„ at law or in equity, or by statute. Every power or <br />remedy provided under this Trust Deed to Trustee or Beneficiary or to which either of them may be otherwise <br />entitled may be exercised, concurrently or indepen ently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of the may pursue inconsistent remedies. Nothing herein shall be <br />construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor, to the extent such <br />action is permitted by law. <br />11. TRANSFER OF THE PROPER�j Y; ASSUMPTION. If all or any part of the Property or <br />interest therein is sold, transferred, or otherwise con 'eyed by Trustor without Beneficiary's prior written consent, <br />excluding (a) the creation of a lien or encumbrance su ordinate to this Trust Deed, (b) a transfer by operation of law <br />upon the death of a Trustor who is a joint tenant or () the grant of any leasehold interest of three (3) yea.rs or less <br />which does not contain an option to purchase, such a�ction is a breach of this ageement, and Beneficiary may, at <br />Beneficiary's option, declare all the sums secured by tl is Trust Deed to be immediately due and payable; provided, <br />further, this Trust Deed may, at Beneficiary's option,'be declared immediately due and payable if (1) Trustor is a <br />parinership and any interest in the parmership is sold c�r assigned by any means whatsoever, or (2) if the Trustor is a <br />corporation and a transfer of the majority stock o�vnership interest in the corporation occurs or the Trustor <br />corporation merges in any form with another corporation or entity. Beneficiary shall have waived such oprion to <br />accelerate if, prior to the sale, transfer, or conveyance, �iBeneficiary and the person to whom the Property is to be sold <br />or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that the <br />interest payable on the sums secured by this Trust Dee�i shall be at such rate as Beneficiary shall request. <br />12. ACCELERATION UPON DEF� <br />make any payment or to perform any of the terms ar <br />the Note, or any renewals, modifications, or exter <br />indebtedness, prior or subsequent to this Trust Dee <br />Trustors, shall be a breach and default of this Trust � <br />all sums secured hereby immediately due and pay� <br />without presentment, demand, protest or notice of aa <br />the default before any notice of default and dem <br />Beneficiary may deliver to Trustee a written declaral <br />grants that the Trustee shall have the power of sale c <br />sold, it shall deposit with Trustee this Trust Deed <br />expenditures secured hereby and shall deliver to � <br />property to be sold, and Trustee, in turn, shall prepa <br />duly filed for record by Trustee. <br />JLT; REMEDIES; SALE. The failure by the Trustor to <br />conditions of this Trust Deed, or the terms and conditions of <br />ons thereof, or the failure to make payment of any other <br />and secured by this property, or the death of one or more <br />;d and the Beneficiary may declare a default and may declare <br />Le, and the same shall thereupon become due and payable <br />kind, provided Trustor shall have any statutory right to cure <br />�d for sale may be delivered to the Trustee. Thereafter, <br />n of default and demand for sale. Trustor agrees and hereby <br />the Property and, if Beneficiary decides the Property is to be <br />nd the Note or notes and any other documents evidencing <br />�stee a written notice of default and election to cause the <br />a similar notice in the form required by law, which shall be <br />(a) After the lapse of such time as max be required by law following the recordation of Notice of <br />Default, and Notice of Default and Notice of Sale havi�g been given as required by law, Trustee, without demand on <br />Trustor, shall sell the Properly, if not redeemed, in on� or more parcels and in such order as Trustee may determine <br />on the date and the time and place designated in said N'�otice of Sale, at public auction, according to law. <br />(b) When Trustee sells pursuant to the �owers herein, Trustee shall apply the proceeds of the sale to <br />payment of the costs and expenses of exercising the ipower of sale and of the sale, including, without limitation, <br />� <br />I <br />_ <br />