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_ debtedness secured hereby to Trustee for cancellation and retention and upon payment of Its fees,Trustee shall roconvey,without
<br /> warranty,the Properly then held herounder.The recital In such reconveyance of any matters of facia shall be conclusive proof of the
<br /> truthfulness thereof.The grantee In such reconveyance may be described as"the person or persons legally entitled thereto."Five
<br /> years after issuance of such reconveyance.
<br /> veyci.Such request to retain Trustee
<br /> ch them).
<br /> dnote,guarantee,Agreement or other evidence of In-
<br /> debtedness and this Deed(unless ed
<br /> the
<br /> nuance of these
<br /> a usts to collect
<br /> the reni and profits of the Property and of any personal authority
<br /> during
<br /> Trustor hereby onal p operty located tereonand hereiby absolutely and unconditional.
<br /> rents.Issues uncondit onal.
<br /> ly assigns all such rents,Issues and profits to Beneficiary;provided,however,that Beneficiary hereby consents to the collection
<br /> and retention of such rents.Issues and profits as they accrue and become payable only If Trustor or Obligor Is not,at such times,In
<br /> default with respect to payment of any indebtedness secured hereby or In the performance of any agreement hereunder.Upon any
<br /> such default.Beneficiary may at any time,without notice,either in person,by agent,or by a receiver to be appolnied by a court,and _
<br /> tyitnout nda ypatthereoi-a the tlandrnileowcy of nnamelsueforor I rothetake possession of the Proper.
<br /> rwisecolt ctsuchedness hereby rentstlIssues rand pofupon le,Incudingthose past due and
<br /> ,unpaid.and apply the same,less costs and expenses of operation and collection,Including reasonable attorneys fees,upon any in•
<br /> debtdness sec,ired hereby.and In such order as Beneficiary may determine;also perform such acts of repair,cultivation,irrigation
<br /> or protection,as may be necessary or proper to conserve the value of the Properly;also lease the same or any part thereof for such
<br /> rental•term,and upon such conditions as Its judgment may dictate;also prepare for ha-est,remove,and sell any crops that may be
<br /> growing upon the premises•and apply the net proceeds thereof upon the Indebtedness secured hereby.The entering upon and tak•
<br /> Ing possession of the Property,the collection of such rents,Issues and profits,and the application thereof as aforesaid,shall not
<br /> waive or cure any default or notice of default hereunder,or Invalidate any act done pursuant to such notice.Trusior also assigns to
<br /> Trustee,as further sewirity for the performance of the obligations secured he!hv,all prepaid rents and all monies which may have
<br /> been or may hereafter be deposited with said Trustor by any lessee of the premises herein described,to secure the paymarii of any
<br /> rent,and upon default in the performance of any of the provisions hereof,Trustor agrees to deliver such rents and deposits to the
<br /> Trustee.
<br /> ment or other
<br /> on secured
<br /> I.
<br /> of any upon
<br /> greeerformance
<br /> ment hererustor or under or,if Obligor
<br /> ll or any P roof he Propertof y oraan Interest thereini
<br /> ssold,transferred or encumbor In theered,ed,whether
<br /> voluntarily or involuntarily,or if a beneficial Interest in Trustor Is sold,transferred or encumbered,voluntarily or Involuntarily and
<br /> Trustor is not a natural person.Beni.1ciary may declare all sums sscurad hereby Immediately due without notice or demand and no
<br /> waiver of this right shall be effective unless In writing and signed by Beneficiary.
<br /> co
<br /> _ g. Waiver of a right granted to Baneflciary hereunder as to one transaction or occurrence shall not be deemed to be a waiver of the
<br /> right as to any subsequent transaction or occurrence.Beneficiary may rescind any notice before Trustee's sale by executing a
<br /> Lo
<br /> notice of rescission and recording the same.The recordation of such notice shall constitute also a cancellation of any prior declare 1:3
<br /> tion of default and demand for sale,and of any acceleration of maturity of Indebtedness affected by any prior declaration or notice
<br /> of default.The exercise by Beneficiary of the right of rescission shall not cunstllute a waiver of any default then existing or subse• Qf
<br /> quently occurring,nor Impair the right of the Beneficiary to execute other declarations of default and demand for sale,or notices of i0
<br /> default and of election to cause the Property to be sold•nor IS
<br /> affect the note or deed of trust,or any of the rights,oblige•
<br /> lions or remedies of the Beneficiary or Trustee hereunder. .�'
<br /> h. At least three months or any lesser period required by law having elapsed between[fie recordation of the notice of default and the
<br /> date of sale,Trustee,having first given notice of sale as then required by law,arid without demand on Trustor,shall sell the Property
<br /> at the time and place of safe fixed by it in the noticeof sale,either as a whole or in separate parcels•and in such c.-der he Trustee
<br /> time
<br /> may determine,at public auction to the highest bidder for cash,in lawful money of the United Stales of America,payable
<br /> of sale.Trustee may postpone sale of all or any portion of the Property by public announcement at the timc of sale,and from time to
<br /> _ time thereafter may postpone the sale by public announcement at the time fixed by the previous postponement,and without further
<br /> a shallead
<br /> notice It the properly such
<br /> so sale
<br /> t time
<br /> i a to wp ch the samr warranty,y,expese so tsed orimpi ed.The.Trustee recitalliIn any such ver to the ud ed of anyrchaser its mat.
<br /> ---
<br /> tars or facts,stated either specifically or In general terms,or as concluslonsurchase at theof law or tsaleaAt ell rdeducting alconclusive p/tosts'lees
<br /> truthfulness thereof,Any person.Including Trustor,Trustee or Beneficiary,may p
<br /> and expenses of Trustee and of this trust,Including costs of evidence of title In ronneclion with the sale,the Trustee shell apply the
<br /> proceeds of the sale to the payment of all sums then secured hereby,in such order and manner as may be required by the
<br /> Beneficiary;the remainder,if any,to be paid to the person or persons legally entitled thereto.If Beneficiary shall elect to bring suit
<br /> to foreclose this deed of trust In the manner and he
<br /> . � tgage,Beneficiary shall be entitled to a reasonable subject
<br /> um to be fixedlby the court as attornhts and ey's feestexpended in theing to the /pro ecution oure of a f
<br /> said action.
<br /> Beneficiary,or any successor In ownership of any Indebtedness secured hereby,may from time to time,by Instrument In writing,
<br /> substitute a successor or successors to any Trustee named herein or acting hereunder,which Instrument, executed by the
<br /> —�— Beneficiary and duly acknowledged and recorded In the office of the recorder of tha county or counties where said property Is
<br /> situated,shall be conclusive proof of proper substitution of such successor Trustee or Trustees,who shall,without conveyance
<br /> from the Trustee predecessor,succeed to all Its title,estate,rights,powers and duties.Said instrument must contain the name of
<br /> the original Trustor,Trustee and Beneficiary hereunder,the book and page where this Deed is recorded and the name and address
<br /> of the new Trustee.
<br /> That this Deed arties
<br /> heir heirs,legatees,devIsees,
<br /> j rs,ex
<br /> ecutors,successors iand assigns.Thees to,Inures to hterm Benleficiary shall meof,and binds lan that owner aand tholder.Including pledgees,of the note,guar ntee,
<br /> Agreement,or other evidence of indebtedness secured hereby,whether or not named as Beneficiary herein.in this Deed,whenever
<br /> the context so requires,the masculine gender Includes the feminine and/or the neuter,and the singular number Includes the plural.
<br /> k. That Trustee accepts this Trust when this Deed,duly executed and acknowledged,Is made a public record as provided by law.
<br /> Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding In
<br /> which Trustor,Beneficiary or Trustee shall be a party unless brought by Trustee.
<br /> 1. That ty and
<br /> arate
<br /> shall beylTr iabletfo arnyy dee deficiency afteror who Is a rtheried pqrson sale of the said rproper agrees to the extents ch T us or ortObligorrIS personally obligatedrto
<br /> pay the Indebtedness secured hereby.
<br /> m. That If Trustor or any successor In interest to Trustor sells,transfers or encumbers any Interest in the Property,whether voluntarily
<br /> or Involuntarily,or If a beneficial interest In Trustor is sold or transferred,voluntarily or Involuntarily and Trustor Is not a natural per-
<br /> son:(a)the transferor and the transferee shall each immediately give written notice of said transfer to the Beneficiary,at Its address
<br /> meriitt as defined hererin,st ail credit eage Of Iixtended by Beneficiary under thisof trust securs Trustor*s or Agreemen®whether bolo a air aior'stter the peoperty Is trans eoblition under an grred
<br /> shall be secured under this deed of trust as If no transfer had occurred except for credit extended by Beneficiary more than five days
<br /> after It has received the written notices required by this paragraph.
<br /> .•. That the niwadlng of any statute of limitations as a defense to any.and all obiigatlona secured by this deed of trust Is hereby waived —
<br /> to the full extent permitted by law.
<br /> 4. The execution of this Deed of Trust by any person who has no present Interest In the property described herein shall not be deemed to In-
<br /> dicate
<br /> a�
<br /> agreement thathlan f such person hereafter lacquireshan Intereslon of this t in sold property,ad fsurchtInte est shsuch aall be subject to Beneficiary's constitute such pInterrest _
<br /> hereunder.
<br /> _ If a mailing address is set forth opposite any Truslor's signaluie hereto,and not otherwise,the undersigned Trustor shall be deemed to
<br /> a T... .r ere eai eddress.
<br /> -— nave requested that a copy of any notice of default,and of any notice of sale herandet,uu iT illa'v i:.eai •--•_•-•--• -
<br /> Description: San Joaquin,f;A Document—Year.DoclD 1989.8349 Page: 3 of 4
<br /> Order: 5 Comment:
<br />
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