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201203312
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201203312
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Last modified
7/9/2017 8:04:31 PM
Creation date
4/30/2012 9:29:16 AM
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DEEDS
Inst Number
201203312
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201203312 <br />9. Remedies. <br />(a) Upon the occurrence and during the continuance of any Event of Default, in <br />addition to any other rights and remedies Beneficiary may have pursuant to the Transaction <br />Documents, or as provided by law, and without limitation, Beneficiary may immediately take <br />such action, without notice or demand, as it deems advisable to protect and enforce its rights <br />against Grantor and in and to the Trust Property, including, but not limited to, the following <br />actions, each of which may be pursued concurrently or otherwise, at such time and in such <br />manner as Beneficiary may determine, in its sole discretion, without impairing or otherwise <br />affecting the other rights and remedies of Beneficiary: <br />(i) If Beneficiary elects to sell Grantor's interest in the Trust Property by <br />exercise of the power of sale herein contained, Beneficiary shall notify Trustee in the <br />manner then required by law. <br />Upon receipt of such notice of Beneficiary and at the direction of Beneficiary, <br />Trustee shall cause to be recorded, published and delivered such notices of default and <br />notices of sale as may then be required by law and by this Deed of Trust. Trustee shall, <br />only at the direction of Beneficiary and without demand on Grantor, after such time as <br />may then be required by law and after recordation of such notice of default and after <br />notice of sale having been given as required by law, sell the Trust Property at the time <br />and place of sale fixed by it in such notice of sale, either as whole or in separate lots or <br />parcels or items as Beneficiary shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawful money of the United <br />States payable at the time of sale, or as otherwise may then be required by law. Trustee <br />shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds <br />conveying the property so sold, but without any covenant or warranty, express or implied. <br />The recitals in such deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including, without limitation, Grantor, Trustee or <br />Beneficiary, may purchase at such sale. Trustee may in the manner provided by law <br />postpone sale of all or any portion of the Trust Property. <br />Trustee shall apply the proceeds of Trustee's sale, first, to the costs and expenses <br />of exercising the power of sale and of the sale, including the payment of Trustee's fees <br />actually incurred not to exceed the amount which may be provided for in this Deed of <br />Trust, second, to payment of the obligation secured by this Deed of Trust, third, to the <br />payment of junior deeds of trust, mortgages or other lienholders, and the balance, if any, <br />to the person or persons legally entitled thereto. <br />In the event a sale hereunder should be commenced by the Trustee, or his <br />substitute or successor, Beneficiary may at any time before the sale of all or any part of <br />the Trust Property direct the Trustee to cancel the scheduled sale and re -schedule the sale <br />or to abandon the sale, whereupon Beneficiary may then institute suit for the collection of <br />
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