Laserfiche WebLink
order as it may determine, at public auction to the highest bidder for cash in lawful <br />money of the United States, payable at time of sale. Trustee may postpone sale of all <br />or any portion of the Property by public announcement at such time and place of <br />sale, and from time to time thereafter may postpone such sale by public <br />announcement at the time and place fixed by the preceding postponement. Trustee <br />shall deliver to the purchaser its deed conveying the property so sold, but without any <br />covenant or warranty, express or implied. The recitals in such deed of any matters or <br />facts shall be conclusive proof of the truthfulness thereof. Any person, including <br />Trustor, Trustee, or Beneficiary, may purchase at such sale. <br />After deducting all costs, fees, and expenses of Trustee and of this Trust, <br />including cost of evidence of title and reasonable attorneys' fees in connection with <br />sale, Trustee shall apply the proceeds of sale to payment of all sums expended under <br />the terms hereof, not then repaid, with accrued interest at seven percent (7%) per <br />annum; all other sums then secured hereby; and the remainder, if any, to the person <br />or persons legally entitled thereto. <br />9. Trustor's Right to Reinstate. Notwithstanding Beneficiary's acceleration <br />of the sums secured by this Deed of Trust due to Trustor's breach, Trustor shall have <br />the right to have any proceedings begun by Beneficiary to enforce this Deed of Trust <br />discontinued at any time prior to five days before sale of the Property pursuant to the <br />power of sale contained in this Deed of Trust or at any time prior to entry of a <br />judgment enforcing this Deed of Trust if: (a) Trustor pays Beneficiary all sums which <br />would be then due under this Deed of Trust if the Note had no acceleration <br />provision; (b) Trustor cures all breaches of any other covenants or agreements of <br />Trustor contained in this Deed of Trust; (c) Trustor pays all reasonable expenses <br />incurred by Beneficiary and Trustee in enforcing the covenants and agreements of <br />Trustor contained in this Deed of Trust, and in enforcing Beneficiary's and Trustee's <br />remedies as provided herein, including, but not limited to, reasonable attorney's fees; <br />and (d) Trustor takes such action as Beneficiary may reasonably require to assure that <br />the lien of this Deed of Trust, Beneficiary's interest in the Property and Trustor's <br />obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. <br />Upon such payment and cure by Trustor, this Deed of Trust and the obligations <br />secured hereby shall remain in full force and effect as if no acceleration had occurred. <br />10. Indemnification for Relocation Costs. Trustor shall indemnify, defend, <br />and hold harmless the Beneficiary, the City of San Leandro, and the Redevelopment <br />Agency of the City of San Leandro, its officer, employees, agents, and assigns, from <br />and against any and all claims or actions for money or damages for relocation <br />assistance benefits, which may arise by reason of Article 9 of Chapter 4 of Division <br />7 <br />