Laserfiche WebLink
... _.. _..... ._......__ i���W��. ._ . __. .___ . <br /> 07/27/2015 <br /> 7.3.A. - Page 41 <br /> A. Upon receipt of such notice from the Beneficiary, Trustee shall cause to be <br /> recorded, published and delivered to Trustor such notice of default and election to <br /> sell as then required by law and by this Deed of Trust. Trustee shall, without <br /> demand on Trustor, after lapse of 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 given <br /> as required by law, sell the Property, at the time and place of sale fixed by it in said <br /> notice of sale, either as a whole or in separate lots or parcels or items as Trustee <br /> shall deem expedient and in such order as it may determine, at public auction to the <br /> highest bidder, for cash in lawful money of the United States payable at the time of <br /> sale, Trustee shall deliver to such purchaser or purchasers thereof its good and <br /> sufficient deed or deeds conveying the property so sold, but without any covenant or <br /> warranty, express or implied. The recitals in such deed of any matters or facts shall <br /> be conclusive proof of the truthfulness thereof. Any person, including, without <br /> limitation, Trustor, Trustee or Beneficiary, may purchase at such sale, and Trustor <br /> hereby covenants to warrant and defend the title of such purchaser or purchaser. <br /> B. After deducting all reasonable costs, fees and expenses of Trustee, including costs <br /> of evidence of title in connection with such sale, Trustee shall apply the proceeds of <br /> sale to payment of: (i) the Note; (ii) all other sums then secured hereby; and (c) the <br /> remainder, if any, to the person or persons legally entitled thereto. <br /> C. Trustee may postpone sale of all or any portion of the Property by public <br /> announcement at such time and place of sale, and from time to time, thereafter, and <br /> without further notice make such sale at the time fixed by the last postponement, or <br /> may, in its discretion, give a new notice of sale. <br /> Section 6.5. Receiver <br /> If an Event of Default shall have occurred and be continuing, Beneficiary, as a matter of right <br /> and without further notice to Trustor or anyone claiming under Security, and without regard to <br /> the then value of the Property or the interest of Trustor therein, shall have the right to apply to <br /> any court having jurisdiction to appoint a receiver or receivers of the Security (or a part thereofl, <br /> and Trustor hereby irrevocably consents to such appointment and waives further notice of any <br /> application therefore. Any such receiver or receivers shall have all the powers and duties of <br /> receivers in like or similar cases, and all the powers and duties of Beneficiary in case of entry as <br /> provided herein, and shall continue as such and exercise all such powers until the date of <br /> confirmation of sale of the Property, unless such receivership is sooner terminated. <br /> Section 6.6. Remedies Cumulative <br /> No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of Trust is <br /> intended to be exclusive of any other right, power or remedy, but each and every such right, <br /> power and remedy shall be cumulative and concurrent and shall be in addition to any other <br /> right, power and remedy given hereunder or now or hereafter existing at law or in equity. <br /> Section 6.7. No Waiver <br /> A. No delay or omission of the Beneficiary to exercise any right, power or remedy <br /> accruing upon any Event of Default shall exhaust or impair any such right, power or <br /> remedy, or shall be construed to be a waiver of any such Event of Default or <br /> OAK#4852-3988-7653 v1 <br /> ATTY/RES0.3085/CC RESO RWC FIRE SAFETY FIRST PILOT PROGRAM ATTACHMENT B-4 DEED OF TRUST <br /> REV:07-22-15 VR <br /> Page 10 of 19 <br /> 35 RESO.#15428 <br /> MUFF#705 <br />