Deed Of Trust And Assignment Of Rents Form Page 3

ADVERTISEMENT

8. Trustee shall be under no obligation to notify any party hereto of any pending sale hereunder
or of action or proceeding of any kind in which Trustor, Beneficiary and/or Trustee shall be
named as defendant, unless brought by Trustee.
9. Acceptance by Beneficiary of any sum in payment of indebtedness secured hereby, after the
date when the same is due, shall not constitute a waiver of the right either to require prompt
payment, when due, of all other sums so secured or to declare default as herein provided for
failure so to pay.
10. Trustee may, at any time, or from time to time, without liability therefore and without notice,
upon written request of Beneficiary and presentation of this Deed of Trust and the note(s)
secured hereby for endorsement, and without affecting the personal liability of any person for
payment of the indebtedness secured hereby or the effect of this Deed of Trust upon the
remainder of said property: reconvey any part of said property; consent in writing to the
making of any map or plat thereof; join in granting any easement thereon; or join in any
extension agreement or any agreement subordinating the lien or charge hereof.
11. After the debt secured by this deed of trust is paid or otherwise satisfied or discharged, and
upon receipt of a properly executed request to reconvey and the Trustee’s fees, the Trustee
shall, within the time provided by law, cause to be recorded a reconveyance of the deed of
trust. If the Beneficiary delivers the original note and deed of trust to the Trustee or the
Trustee has those documents in his possession, the Trustee shall deliver those documents to
the Trustor.
12. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and
authority, during the continuance of these Trusts, to collect the rents, issues and profits of said
property, reserving unto Trustor the right, prior to any default by Trustor in payment of any
indebtedness secured hereby or in performance of any agreement hereunder, to collect and
retain such rents, issues and profits as they become due and payable. Upon any such default,
Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be
appointed by a court, and without regard to the adequacy of any security for the indebtedness
hereby secured, enter upon and take possession of said property or any part thereof, in his own
name sue for collection, including reasonable attorney’s fees, upon any indebtedness secured
hereby, and in such order as Beneficiary may determine. The entering upon and taking
possession of said property, the collection of such rents, issues and profits and the application
thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or
invalidate any act done pursuant to such notice.
13. Should default be made by Trustor in payment of any indebtedness secured hereby and/or in
performance of any agreement herein, Beneficiary may declare all sums secured hereby
immediately due and Beneficiary or Trustee may execute and record in the office of the recorder
of the county wherein the trust property, or some part thereof, is situated, a notice of default
and election to sell.
14. After the lapse of such time as may then be required by law following recordation of any such
notice of default and election to sell and notice having been given as then required by law,
Trustee shall sell said property at such time and at such place as stated in the notice of sale
having first given notice of such sale as then required by law. Place of sale shall be at the
courthouse or public location designated for that purpose as required by law. The Trustor,
Pledgor and Mortgagor of the personal property herein pledged and/or mortgaged waives any
Deed of Trust and Assignment of Rents
Page 3 of 4

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Business
Go
Page of 4