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201307649
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Last modified
8/19/2014 2:24:05 PM
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9/19/2013 8:14:48 AM
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DEEDS
Inst Number
201307649
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documents evidencing Obligations secured hereby, and shall deliver to Trustee a written notice <br />of default and election to cause the Property to be sold, and the Trustee in turn shall prepare a <br />similar Notice in the form required by law, which shall be duly filed of record by Trustee. <br />4831 - 6145 -05 17.1 <br />201307649 <br />(a) After the lapse of such time as may be required by law following the <br />recordation of said notice of default, and notice of default and notice of sale having been <br />given as required by law, Trustee, without demand on Trustor, shall sell the Property on <br />the date and at the time and place designed in said notice of sale, at public auction to <br />the highest bidder, the purchase price payable in lawful money of the United. States at <br />the time of sale. The person conducting the sale may, for any cause he deems <br />expedient, postpone the sale from time to time until it shall be completed and, in every <br />such case, notice of postponement shall be given by public declaration thereof by such <br />person at the time and place last appointed for the sale; provided, if the sale is <br />postponed for longer than one (1) day beyond the day designated in the notice of sale, <br />notice thereof shall be given in the same manner as the original notice of sale. Trustee <br />shall execute and deliver to the purchaser his Deed conveying the Property sold, but <br />without any covenant or warranty, express or implied. The recitals in the Deed of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. Any person, <br />including Beneficiary, may purchase at the sale. <br />(b) When Trustee sells pursuant to the powers herein, the Trustee shall apply <br />the proceeds of the sale to payment of the costs and expenses of exercising the power <br />of sale and of the sale, including, but not limited to, the payment of the Trustee's fees <br />actually incurred, and then to the items in subparagraph (c) in the order there stated. <br />(c) After paying the items specified in subparagraph (b) if the sale is by <br />Trustee, or after payment of proper court costs if the sale is pursuant to judicial <br />foreclosure, the proceeds of sale shall be applied in the order stated below: <br />(i) Cost of any evidence of title procured in connection with such sale <br />and of any revenue stamps; <br />(ii) Attorney fees and costs of collection; <br />(iii) All sums then secured by this Deed of Trust; <br />(iv) Junior trust deeds, mortgages, or other lienholders; <br />(v) The remainder, if any, to the person legally entitled thereto. <br />11. Duties and Obligations of Trustee. (a) The duties and obligations of Trustee shall <br />be determined solely by the express provisions of this Deed of Trust and Trustee shall not be <br />liable except for the performance of such duties and obligations as are specifically set forth <br />herein, and no implied covenants or obligations shall be imposed upon Trustee; (b) No provision <br />of this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur any <br />financial obligation in the performance of any of its duties hereunder, or in the exercise of any of <br />its rights or powers, if it shall have grounds for believing that the repayment of such funds or <br />adequate indemnity against such risk or liability is not reasonably assured to it; (c). Trustee may <br />consult with counsel of its own choosing and the advice of such counsel shall be full and <br />complete authorization and protection in the respect of any action taken or suffered by it in good <br />faith and reliance thereon; (d) Trustee shall not be liable for any action taken by it in good faith <br />
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