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201303161
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Last modified
4/23/2013 3:46:22 PM
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4/23/2013 3:46:22 PM
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DEEDS
Inst Number
201303161
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201303161 <br />to be duly filed for record in the appropriate Official Records of the <br />County in which the Trust Estate is located. <br />11. Foreclosure by Power of Sale. Should Beneficiary elect to <br />foreclose by exercise of the Power of Sale herein contained, Beneficiary <br />shall notify Trustee and shall deposit with Trustee this Deed of Trust and <br />the Note and such receipts and evidence of expenditures made and <br />secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall <br />cause to be recorded, published, and delivered to Trustor such Notice of <br />Default and Notice of Sale as then required by law and by this Deed of <br />Trust. Trustee shall, without demand on Trustor, after such time as may <br />then be required by law and after recordation of such Notice of Default <br />and after Notice of Sale having been given as required by law, sell the <br />Trust Estate at the time and place of sale fixed by it in such Notice of <br />Sale either as a whole, or in separate lots or parcels or items as Trustee <br />shall deem expedient, and in such order as it may determine, at public <br />auction to the highest bidder for cash in lawful money of the United <br />States payable at the time of sale. Trustee shall deliver to such <br />purchaser or purchasers thereof its good and sufficient deed or deeds <br />conveying the property so sold, but without any covenant or warranty, <br />express or implied. The recitals in such deed of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. Any person, <br />including, without limitation, Trustor, Trustee, or Beneficiary, may <br />purchase at such sale and Trustor hereby covenants to warrant and will <br />defend the title of such purchaser or purchasers. <br />(b) As may be permitted by law, after deducting all costs, fees, and <br />expenses of Trustee and of this Trust, including costs of evidence of title <br />in connection with sale, Trustee shall apply the proceeds of sale to <br />payment of (i) all sums expended under the terms thereof, not then <br />repaid, with accrued interest at the rate of * ** percent ( * * * %) per annum, <br />(ii) all other sums then secured hereby, and (iii) the remainder, if any, to <br />the person or persons legally entitled thereto. <br />(c) Trustee may in the manner provided by law, postpone sale of <br />all or any portion of the Trust Estate. <br />12. Remedies Not Exclusive. Trustee and Beneficiary, and each <br />of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations secured hereby and to exercise all rights and <br />powers under this Deed of Trust or under any Loan Instrument or other <br />agreement or any laws now or hereafter in force, notwithstanding some <br />or all of the such indebtedness and obligations secured hereby may now <br />or hereafter be otherwise secured, whether by mortgage, deed of trust, <br />5 <br />
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