Deed of Trust MTLG LLC - Laserfiche WebLink

Home

6.2 Remedies. Subject to the applicable notice and cure provisions set forth herein, at any ti!Jle after an Event of Default, the Beneficiary and the Trustee shall be entitled to invoke any and all of the rights and remedies described below, and may exercise any one or more or all, of the remedies set forth in the Agreement, and any other remedy existing at law or in equity or by statute. All of the Beneficiary's rights and remedies shall be cumulative, and the exercise of any one or more of them shall not constitute an election of remedies. The Beneficiary shall be entitled to collect all expenses incurred in pursuing the remedies provided hereunder, including without limitation reasonable attorneys' fees and costs of title evidence. . · (a), Acceleration. The Beneficiary may 'declare any or all of the Secured Obligations to be due and payable immediately. (b) Receiver. The Beneficiary may apply to any court of competent jurisdiction for, and obtain appointment of, a receiver for the Property. (c) Entrv. The Beneficiary, in person, by agent or by court-appointed receiver, may enter, take possession of, manage and operate all or any part of the Property, and may also do any and all other things in connection with those actions that the Beneficiary may in its sole discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such other things may if)clude: taking and possessing copies of all of the Trustor's or the then owner's books ana records concerning the Property; entering into, enforcing, modifying, or canceling Leases on · such t.erms and conditions as the Beneficiary may. consider proper; obtaining and evicting tenants; fixing or modifying Rents; collecting and receiving any payment of money owing to the Trustor; completing any unfinished construction; and/or contracting for and making repairs and alterations. If the Beneficiary so requests, the Trustor shall assemble all of the Property that has been removed from the Land and make all of it available to the Beneficiary at the site of the Land. The Truster hereby irrevocably constitutes and appoints the Beneficiary as the Trustor's attorney-in-fact to perform such acts and execute such documents as the Beneficiary in its sole discretion may consider to be appropriate in connection with taking these measures, including endorsement of the Trustor's name on any instruments. Regardless of any provision of this Deed of Trust, the Beneficiary shall not be considered to have accepted any property other than cash or immediately available funds in satisfaction of any obligation of the Trustor to the Beneficiary, unless the Beneficiary has given express written notice of the Beneficiary's election of that remedy in accordance with UCC Section 9621, as it may be amended or . recodified from time to time. (d) Cure; Protection of Security. Either the Benefidary or the Trustee niay cure any breach or default of the Trustor, and if it chooses to do so in connection with any such cure, the Beneficiary or the Trustee may also enter the Property and/or do any and all other things which it may in its sole discretion consider necessary and ·appropriate to protect the security of this Deed of Tru$t. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the Exhibit C Page 10 of 16