AgdaPkt 2003-12-15 - Laserfiche WebLink

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R (19 C -45 obligation so to do, and with or without notice to or demand upon Trustor, and without releasing Trustor from any obligation hereof) may (a) make or do the same in such manner and to such extent as either deems necessary to protect the security hereof, Beneficiaries or Trustee being authorized to enter upon the property for such purpose to the extent reasonably required; (b) appear in or commence any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiaries 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, Beneficiaries or Trustee may incur necessary expenses, including reasonable attorneys' fees. Notwithstanding any language in this paragraph to the contrary, Beneficiaries 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 Beneficiaries or Trustee, providing such notice would affect, damage or limit the security to Beneficiaries, the value of the security or any other material interest of Beneficiaries hereunder. 5. To pay immediately and without demand all sums reasonably expended hereunder by Beneficiaries 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 Beneficiaries (including any sums not yet due), and shall be paid to Beneficiaries, who may apply or release such moneys received therefor upon any indebtedness secured hereby in such order as Beneficiaries determines, or, at the option of Beneficiaries, 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 Beneficiaries 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 Beneficiaries' 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 - 3