eTrade 2000 Annual Report Download - page 246

(1)That any award of damages in connection with any condemnation for public use of or injury to the Property or any part thereof is
hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received in the same manner and with the
same effect as above provided for disposition of proceeds of insurance.
(2)That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right either to require
prompt payment when due of all other sums so secured or to declare default for failure so to pay.
(3)That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and
presentation of this Deed of Trust and the Note for endorsement, and without affecting the personal liability of any person for payment
of the indebtedness secured hereby, Beneficiary or Trustee may reconvey any part of the Property, consent to the making of any map
or plat thereof, join in granting any easement thereon, or join in any extension agreement or any agreement subordinating the lien or
charge hereof.
(4)That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of
Trust and the Note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon
payment of its fees, Trustee shall reconvey, without warranty, the Property then held hereunder. The Grantee in such reconveyance
may be described as “the person or persons legally entitled thereto.”
(5)That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the
continuance of these trusts to collect the rents, issues and profits of the Property, reserving unto Trustor the right, prior to any default
by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder or under the Note, to collect
and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without
notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for
the indebtedness hereby secured, enter upon and take possession of the Property or any part thereof, in its own name sue for or
otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of
operation and collection, including reasonable attorneys’ fees, upon any indebtedness secured hereby, and in such order as Beneficiary
may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits and the
application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant
to such notice.
(6)That upon default by Trustor in the payment of any indebtedness secured hereby or in performance of any agreement hereunder, or
upon the occurrence of any Event of Acceleration or any other default by Trustor in the payment or performance of any obligation
reader the Note, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written
declaration of default and demand for sale and of written notice of default and of election to cause the Property to be sold, which
notice Trustee shall cause
2
to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, the Note and all documents evidencing
expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale
having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it
in said notice for sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest
bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone the sale of all or any portion of
the Property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public
announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property
so sold, but without any covenant or warranty, express or implied. The recitals in such deed of many matters of facts shall be
conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may
purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this trust, including cost of evidence of title in connection with sale,
Trustee shall apply the proceeds of sale to payment of (in the following order of priority): all sums owing under the terms hereof or
under the Note, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then
secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
(7)Beneficiary or any successor in ownership of any indebtedness secured hereby may, from time to time, by instrument in writing,
substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by Beneficiary and
2002. EDGAR Online, Inc.