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201308878
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Last modified
8/19/2014 2:24:32 PM
Creation date
11/6/2013 3:57:49 PM
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DEEDS
Inst Number
201308878
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#Pine Street - Deed of Trust <br />201308878 <br />whether voluntarily or involuntarily, including, but not limited to, a transfer of any of the <br />Trustor's interest in the Trust Property in the form of a lease option, option to purchase, <br />sale contract, Deed of Trust or Deed. <br />(j) The occurrence of an event of default under the Promissory Note made by <br />Trustor payable to the order of Locust St. -Kahn Resnick, LLC or the Deed of Trust which <br />is security for said Promissory Note. <br />18. Acceleration of Maturity. If an Event of Default shall have occurred, the entire <br />unpaid principal of the Note, together with all other sums payable under this Deed of Trust shall, <br />at the option of Beneficiary, immediately become due and payable by delivery to Trustee of <br />written declaration of default. The Trustee shall have the power of sale of the Property, and if <br />Beneficiary desires the Property to be sold, it shall deposit with Trustee this Deed of Trust, the <br />Note and all other documents evidencing expenditures secured hereby, and shall deliver to <br />Trustee a written notice of default and election to cause the Property to be sold, and the Trustee, <br />in turn, shall prepare a similar notice in the form required, by law, and shall record said notice in <br />each county in which any part of the Property is located and shall mail copies of such notice in <br />the manner required by law to Trustor and to any other persons prescribed by law. <br />After the time required by applicable law, Trustee shall give public notice of sale to the <br />persons and in the manner prescribed by applicable law. Trustee, without demand on Trustor, <br />shall sell the Property at public auction to the highest bidder at the time and place and under the <br />terms designated in the notice of sale in one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the <br />time and place of any previously scheduled sale. Beneficiary or its designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the bid price, Trustee shall deliver to the purchaser Trustee's <br />deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of <br />the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the <br />following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees equal <br />to five percent (5 %) of the principal balance at the time of recording the Notice of Default, and <br />reasonable attorneys' fees; (b) to all sums secured by this Deed of Trust; and (c) any excess to <br />the person or persons legally entitled to it. <br />19. Trustor's Right to Reinstate. If, within one (1) month after the recording of a <br />Notice of Default under this Deed of Trust, if the Power of Sale is to be exercised, Trustor meets <br />certain conditions, Trustor shall have the right to have enforcement of this Deed of Trust <br />discontinued. Those conditions are that Trustor: (a) pays Beneficiary all sums which then would <br />be due under this Deed of Trust and the Note had no acceleration occurred; (b) cures any default <br />of any other covenants or agreement; (c) pays all expenses incurred in enforcing this Deed of <br />Trust, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as <br />Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's <br />rights in the Property and Trustor's obligation to pay the sums secured by this Deed of Trust <br />shall continue unchanged. Upon reinstatement by Trustor, this Deed of Trust and the obligations <br />secured hereby shall remain fully effective as if no acceleration had occurred. However, this <br />right to reinstate shall not apply in the case of acceleration under paragraphs 12 or 16. <br />
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