RecD05 2005-141300 - Laserfiche WebLink

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hereof or the rights or powers of Beneficiary or Trustee; (c) pay, purchase, contest, or compromise any encumbrance, charge or lien that, in the judgment of either, appears to be superior hereto; and in exercising any such power, Beneficiary or Trustee may incur necessary expenses, including reasonable attorneys' fees. Notwithstanding any language in this paragraph to the contrary, Beneficiary or Trustee shall provide Trustor with notice and an opportunity to cure before exercising any right in this paragraph, unless, in the reasonable discretion of Beneficiary or Trustee, providing such notice would affect, damage or limit the security to Beneficiary, the value of the security or any other material interest of Beneficiary hereunder. 5. To pay immediately and without demand all sums reasonably expended hereunder by Beneficiary or Trustee (including interest thereupon from date of expenditure at the annual rate of Bank of America's published prime rate if remaining unpaid and delinquent 30 days after demand). B. It is mutually agreed that: 1. Any award of damages made in connection with the condemnation for public use of or injury to the property or any part thereof is hereby assigned, to the extent it does not exceed any sums owed by Trustor to Beneficiary (including any sums not yet due), and shall be paid to Beneficiary, who may apply or release such moneys received therefor upon any indebtedness secured hereby in such order as Beneficiary determines, or, at the option of Beneficiary, the entire amount so received or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 2. The acceptance by Beneficiary of any payment less than the amount then due shall be deemed an acceptance on account only and shall not constitute a waiver of the obligation of Trustor to pay the entire sum then due or of Beneficiary's right either to require prompt payment of all sums then due or to declare default. The acceptance of payment of any sum secured hereby after its due date will not waive the right of Beneficiary either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. No waiver of any default shall be a waiver of any preceding or succeeding default of any kind. 3. At any time upon the occurrence of a default, and after notice and an opportunity to cure if applicable, under the terms of this Deed of Trust, to said default, without liability therefor and with or without notice or further notice, as 3 REDW\OOO6\DOC\O25