Laserfiche WebLink
foreclosure shall be used to pay all Secured Obligations, including without limitation, the <br /> outstanding principal balance and all other amounts due under the Note. <br /> At any foreclosure sale, any person, including Trustor, Trustee or Beneficiary, <br /> may bid for and acquire the Property or any part of it to the extent permitted by then <br /> applicable law. Instead of paying cash for such property, Beneficiary may settle for the <br /> purchase price by crediting the sales price of the property against the following <br /> obligations: <br /> a. First, the portion of the Secured Obligations attributable to the <br /> expenses of sale, costs of any action and any other sums for which Trustor is obligated <br /> to pay or reimburse Beneficiary or Trustee under Section 7.12(c); and <br /> b. Second, the remaining balance of all other Secured Obligations in <br /> any order and proportions as Beneficiary in its sole discretion may choose. <br /> 8.4 Trustor's Right to Reinstate. Notwithstanding Beneficiary's acceleration of <br /> the sums secured by this Deed of Trust, Trustor shall have the right to have any <br /> proceedings begun by Beneficiary to enforce this Deed of Trust discontinued at any <br /> time prior to five days before sale of the Property pursuant to the power of sale <br /> contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this <br /> Deed of Trust if: (a) Trustor pays Beneficiary all sums which would be then due under <br /> the Loan Documents if the Secured Obligations had no acceleration provision; (b) <br /> Trustor cures all breaches of any other covenants or agreements of Trustor contained in <br /> this Deed of Trust; (c) Trustor pays all reasonable expenses incurred by Beneficiary and <br /> Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of <br /> Trust, and in enforcing Beneficiary's and Trustee's remedies as provided herein, <br /> including, but not limited to, reasonable attorney's fees; and (d) Trustor takes such <br /> action as Beneficiary may reasonably require to assure that the lien of this Deed of <br /> Trust, Beneficiary's interest in the Property and Trustor's obligation to pay the sums <br /> secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure <br /> by Trustor, this Deed of Trust and the obligations secured hereby shall remain in full <br /> force and effect as if no acceleration had occurred. <br /> 9. Trustor's Waivers. To the fullest extent permitted by law, Trustor waives: (a) all <br /> statutes of limitations as a defense to any action or proceeding brought against Trustor <br /> by Beneficiary; (b) the benefit of all laws now existing or which may hereafter be <br /> enacted providing for any appraisement, valuation, stay, extension, redemption or <br /> moratorium; (c) all rights of marshalling in the event of foreclosure; and (d) all <br /> presentments, demands for performance, notices of nonperformance, protests, notices <br /> of protest, notices of dishonor, notices of acceptance of this Deed of Trust and of the <br /> existence, creation, or incurring of new or additional indebtedness, and demands and <br /> notices of every kind. <br /> 10. Miscellaneous Provisions. <br /> 10.1 Additional Provisions. The Loan Documents grant further rights to <br /> 1582131.3 19 <br />