RecD05 2005-141300 - Laserfiche WebLink

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applicable, upon written request of Beneficiary and presentation of this deed for endorsement, and without affecting the personal liabili ty of any person, Trustee may reconvey any part of the property, consent to the making of any map or plat thereof, join in granting any easement or join in any extension agreement or any agreement subordinating the lien or charge thereof. 4. Upon written request of Beneficiary, surrender of this deed to Trustee for cancellation and retention, and payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. Beneficiary shall timely make such request upon satisfaction of all requirements of the Note and the Agreement, following written demand to do so by Trustor. It is agreed that the requirements of the Agreement shall be deemed to have been satisfied upon the issuance by Beneficiary of the final Certificate of Completion as provided in the Agreement. The recitals in such reconveyance shall be conclusive proof of the truthfulness thereof. The grantee may be designated in such reconveyance as "the person or persons legally entitled thereto." 5. At any time Trustor is in default in payments to be made to Beneficiary hereunder, any amounts paid to and received by Beneficiary after notice of default and election to sell has been recorded shall not, unless the requirements of Section 2924c of the Civil Code are fully met by or on behalf of Trustor, waive the right of Beneficiary to continue its plans to have the property sold, nor shall they have any effect on the exercise by Beneficiary of the acceleration privilege contained herein, except to constitute a credit against the secured debt. 6. If Trustor or any subsequent owner of the property covered hereby shall occupy the property, or any part thereof, after any default, and after notice and an opportunity to cure, if applicable, under the terms hereof, Trustor or such owner shall pay to Beneficiary in advance on the first day of each month a reasonable rental for the premises so occupied. Upon failure to pay such reasonable rental, Trustor or such owner may be removed from the premises by summary dispossession proceedings or by any other appropriate action or proceeding as authorized by law. C. In the event of a default hereunder, after notice and an opportunity to cure, if applicable, the following shall apply: 1. If default is made in performance of any agreement hereby secured, then Beneficiary, with or without notice to Trustor, may institute suit for the foreclosure of this deed, or by delivering to Trustee a written declaration of default and demand for sale, as well as a written notice of default and of election to 4 REDW\OOO6\DOC\O25