Agenda - 12-20-94 - DOTrust - Laserfiche WebLink

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Fourth: Any indebtedness secured by this Deed of Trust and at the time due and payable (whether by acceleration or otherwise) , including all amounts of principal and interest at the time due and payable with respect to the Contract; and Fifth: The balance, if any, to the persons then entitled thereto under the Contract unless applicable law requires otherwise, in which case in accordance with such law. 3 . 9 Trustee' s Commissions . In the event of a consummated sale under the power of sale contained herein, the Trustee' s commission shall be as agreed by the Beneficiary and the Trustee but not more than 5% of the sale proceeds . In the event the Trustee shall be directed, pursuant to a court order, to institute a sale under the power of sale contained herein and thereafter all defaults hereunder shall be remedied and such proceeding shall be dismissed, the Grantor shall pay to the Trustee an amount equal to 2% of the outstanding principal balance of the remaining Installment Payments due under the Contract and other fees and expenses incurred by the Trustee prior to such dismissal . 3 . 10 Payment of Costs, Attorneys' Fees and Expenses . The Grantor shall pay any and all reasonable costs, attorneys' fees and other reasonable expenses of whatever kind incurred by the Trustee or the Beneficiary (and the Trustee and Beneficiary are expressly authorized to incur and make such expenditures) in connection with the preservation or protection of their interests in the Property, the enforcement of this Deed of Trust, or the exercise of the rights of the Beneficiary hereunder. If Grantor fails to perform any of the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding • that may significantly affect Beneficiary's rights in the Property (such as, but not limited to, a bankruptcy or insolvency proceeding (s) , probate, any proceeding for condemnation or forfeiture of the Property or any portion thereof, or to enforce any federal, state or local laws or regulations) , then Beneficiary may do and pay for whatever is necessary to protect the value of the Property and Beneficiary' s interests and rights in the Property. Beneficiary' s actions may include (without limitation) appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Beneficiary may take action under this Section, Beneficiary does not have to do so. 3 . 11 Advances by Beneficiary. The Beneficiary is authorized, for the account of the Grantor, to (a) make any required payments under any lien or encumbrance prior hereto, under the Contract or this Deed of Trust, the non-payment of which would constitute a default, including but not limited to payments of principal, interest, premium, if any, taxes and insurance premiums, and (b) pay any costs, attorneys' fees and any other expenses incurred pursuant to Section 3 .10 above. All sums so advanced 11