Laserfiche WebLink
to Beneficiary as provided herein, and (b) any notice to Beneficiary or Trustee shall be given by certified <br />mail return receipt requested to Beneficiary's address stated herein or to such other address as Beneficiary <br />may designate by notice to Trustor as provided herein. Any notice provided for in this Deed of Trust shall <br />be deemed to have been given to Trustor or Beneficiary when given in the manner designated herein two <br />days after deposit into the United States Mail, or on the date when personally served on the Trustors or <br />Beneficiary. <br />9. Powers of Sale. Upon default by Trustor in payment of any indebtedness secured hereby <br />or in performance of any agreement hereunder, after the expiration of applicable notice and cure periods, <br />all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In the <br />event of default, Beneficiary may employ counsel to enforce payment of the obligations secured hereby, <br />and shall execute or cause the Trustee to execute a written notice of such default and of its election to <br />cause to be sold the Property to satisfy the obligations hereof, and shall cause such notice to be recorded <br />in the office of the Recorder of each county wherein the Property or some part thereof is situated. <br />Prior to publication of the notice of sale, Beneficiary shall deliver to Trustee this Deed of Trust and <br />the Note or other evidence of indebtedness which is secured hereby, together with a written request for the <br />Trustee to proceed with a sale of the property described herein, pursuant to the provisions of law and this <br />Deed of Trust. <br />Notice of sale having been given as then required by law, and not less than the time then required <br />by law having elapsed after recordation of such notice of default, Trustee, without demand on Trustor, shall <br />sell the Property at the time and place fixed by it in said notice of sale, either as a whole or in separate <br />parcels and in such 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 or any portion of the <br />Property by public announcement at such time and place of sale, and from time to time thereafter may <br />postpone such sale by public announcement at the time and place fixed by the preceding postponement. <br />Trustee shall deliver to the purchaser its deed conveying the property so sold, but without any covenant or <br />warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of <br />the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary, may purchase at such sale. <br />After deducting all costs, fees, and expenses of Trustee and of this Trust, including cost of <br />evidence of title and reasonable attorneys' fees in connection with sale, Trustee shall apply the proceeds of <br />sale to payment of all sums expended under the terms hereof, not then repaid, with accrued interest at <br />seven percent per annum; all other sums then secured hereby; and the remainder, if any, to the person or <br />persons legally entitled thereto. <br />10. Trustor's Right to Reinstate. Notwithstanding Beneficiary's acceleration of the sums <br />secured by this Deed of Trust due to Trustor's breach, Trustor shall have the right to have any proceedings <br />begun by Beneficiary to enforce this Deed of Trust discontinued at any time prior to five days before sale of <br />the Property pursuant to the 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 would be then due <br />under this Deed of Trust if the Note had no acceleration provision; (b) Trustor cures all breaches of any <br />other covenants or agreements of Trustor contained in this Deed of Trust; (c) Trustor pays all reasonable <br />expenses incurred by Beneficiary and Trustee in enforcing the covenants and agreements of Trustor <br />contained in this Deed of Trust, and in enforcing Beneficiary's and Trustee's remedies as provided herein, <br />including, but not limited to, reasonable attorneys' fees; and (d) Trustor takes such action as Beneficiary <br />