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Trustor the right, prior to any default by Trustor in payment of any indebtedness secured
<br />hereby or in performance of any agreement hereunder, to collect and retain such rents,
<br />issues, and profits as they become due and payable. Upon any such default,
<br />Beneficiary may at any time without notice, either in person, by agent, or be a receiver
<br />to be appointed by a court, and without regard to the adequacy of any security for the
<br />indebtedness hereby secured, enter upon and take possession of said property or any
<br />part thereof, in its own name sue for or otherwise collect such rents, issues, and profits,
<br />including those past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection, including reasonable attorneys' fees, upon any indebtedness
<br />secured hereby, and in such order as Beneficiary may determine. The entering upon
<br />and taking possession of said property, the collection of such rents, issues, and profits,
<br />and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done pursuant to such notice.
<br />6. Notice. Except for any notice required under applicable law to be given in
<br />another manner, (a) any notice to Trustor provided for in this Deed of Trust shall be
<br />given by delivering it or by mailing such notice by certified mail return receipt requested
<br />addressed to Trustor at American Baptist Homes of the West, 6120 Stoneridge Mall,
<br />Third Floor, Pleasanton, CA 94588, or at such other address as Trustor may designate
<br />by notice to Beneficiary as provided herein, and (b) any notice to Beneficiary shall be
<br />given by certified mail return receipt requested to Beneficiary's address stated herein or
<br />to such other address as Beneficiary may designate by notice to Trustor as provided
<br />herein. Any notice provided for in this Deed of Trust shall be deemed to have been
<br />given to Trustor or Beneficiary when given in the manner designated herein two (2)
<br />days after deposit into the United States Mail, or on the date when personally served on
<br />the Trustors or Beneficiary.
<br />7. Due On Sale without the consent of Beneficiary. If the Property, any part
<br />of it, or interest in it is sold, or if Trustor agrees to sell, convey, or alienate said property,
<br />by operation of law or otherwise in violation of the transfer provisions of the Disposition
<br />and Development Agreement entered into between the Trustor and Beneficiary on
<br />February 7, 2000, all obligations secured by this instrument, irrespective of the maturity
<br />dates expressed therein, at the option of the holder thereof and without demand shall
<br />immediately become due and payable.
<br />8. Powers of Sale. Upon default by Trustor in payment of any indebtedness
<br />secured hereby or in performance of any agreement hereunder, after the expiration of
<br />applicable notice and cure periods, all sums secured hereby shall immediately become
<br />due and payable at the option of the Beneficiary. In the event of default, Beneficiary
<br />may employ counsel to enforce payment of the obligations secured hereby, and shall
<br />execute or cause the Trustee to execute a written notice of such default and of its
<br />election to cause to be sold the Property to satisfy the obligations hereof, and shall
<br />cause such notice to be recorded in the office of the Recorder of each county wherein
<br />the Property or some part thereof is situated.
<br />Prior to publication of the notice of sale, Beneficiary shall deliver to Trustee this
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