Inst 2017141889 - Laserfiche WebLink

Home

e. Judicial Action. Beneficiary may bring an action in any court of competent jurisdiction to foreclose this Leasehold Deed of Trust in the manner provided by law for foreclosure of mortgages on real property and/or to obtain specific enforcement of any of the covenants or agreements of this Leasehold Deed of Trust. f Power of Sale. Under the power of sale hereby granted, Beneficiary shall have the discretionary right to cause some or all of the Property, including any Property which constitutes personal property, to be sold or otherwise disposed of in any combination' and in any manner permitted by applicable law. 8.3 Reserved. 8.4 Trustofs Right to Reinstate. Notwithstanding Beneficiary's acceleration of the sums secured by this Leasehold Deed of Trust, Trustor shall have the right to have any proceedings begun by Beneficiary to enforce this Leasehold Deed of Trust discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Leasehold Deed of Trust or at any time prior to entry of ajudgment enforcing this Leasehold Deed of Trust if: (a) Trustor pays Beneficiary all sums which would be then due under the Loan Documents if the Secured Obligations had no acceleration provision; (b) Trustor cures all breaches of any other covenants or agreements of Trustor contained in this Leasehold Deed of Trust; (c) Trustor pays all reasonable expenses incurred by Beneficiary and Trustee in enforcing the covenants and agreements of Trustor contained in this Leasehold Deed of Trust, and in enforcing Beneficiary's and Trustee's remedies as provided herein, including, but not limited to, reasonable attorney's fees; and (d) Trustor takes such action as Beneficiary may reasonably require to assure that the lien of this Leasehold Deed of Trust, Beneficiary's interest in the Property and Trustor's obligation to pay the sums secured by this Leasehold Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Leasehold Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. Nothing contained in Sections 8.2 and 8.4 is intended to expand upon or limit the rights of Trustor and Beneficiary under California law regarding Beneficiary's exercise of the power of sale or Truster's reinstatement rights. 9. Trustor's Waivers. To the fullest extent permitted by law, Trustor waives: (a) all statutes of limitations as a defense to any action or proceeding brought against Trustor by Beneficiary; (b) the benefit of all laws now existing or which may hereafter be enacted providing for any appraisement, valuation, stay, extension, redemption or moratorium; (c) all rights of marshalling in the event of foreclosure; and (d) all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, notices of acceptance of this Leasehold Deed of Trust and of the existence, creation, or incurring of new or additional indebtedness, and demands and notices of every kind. 10. Miscellaneous Provisions 10.1 Additional Provisions. The City Documents grant further rights to Beneficiary and contain farther agreements and affirmative and negative covenants by Trustor which apply to this Leasehold Deed of Trust and the Property. 10.2 Notices. Trustor requests that a copy of notice of default and notice of sale be mailed to Trustor at the address set forth below. That address is also the mailing address of 144\259\1892893.2 15