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201400400
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Last modified
8/19/2014 2:25:24 PM
Creation date
1/23/2014 3:16:30 PM
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DEEDS
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201400400
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- 104 - <br />201400400 <br />subordinated thereto, in accordance with the provisions of Section 7- 105.6(c) of the Real <br />Property Article of the Maryland Code, as may be amended from time to time. Beneficiary (or <br />any successor or assignee of Beneficiary or any other person or entity secured by this Deed of <br />Trust from time to time) or its agents may bid and purchase at such sale. Deed of Trust Trustee <br />may require a cash or cash equivalent bidder's deposit to be paid at the time of sale. Deed of <br />Trust Trustee may waive collection of said bidder's deposit if the accepted bidder is Beneficiary <br />or any successor or assignee of Beneficiary or any other person or entity secured by this Deed of <br />Trust from time to time. Deed of Trust Trustee may postpone such sale from time to time by <br />giving notice of such postponement in the same manner in which any original notice of sale was <br />given and otherwise as may be required by law or rule, and on the date of such sale or the date to <br />which such sale may have been postponed. Deed of Trust Trustee may sell the Property to the <br />highest bidder. In the event of such a sale of the Mortgaged Property or any part thereof and <br />execution of a deed of deeds therefor under these trusts, any recital therein of the occurrence of <br />an Event of Default or of the giving or recording of any notice or demand by Deed of Trust <br />Trustee or Beneficiary regarding such sale shall be conclusive proof thereof, and the receipt of <br />the purchase money recited therein shall fully discharge the purchaser from any obligation for <br />the proper application of the proceeds of sale in accordance with these trusts. <br />(ii) Upon the completion of a sale of all or any portion of the Mortgaged Property pursuant to <br />paragraph 25(g)(i) of this Deed of Trust and after the sale has been approved pursuant to all <br />applicable State of Maryland laws and regulations (including the ratification of said sale by the <br />Circuit Court for the County or City in which the foreclosure action is pending), the Deed of <br />Trust Trustee shall make, execute, and, after due payment is made, deliver to the purchaser or <br />purchasers a deed or deeds for the Mortgaged Property or part thereof sold. The proceeds of any <br />foreclosure sale, or other sale of the Mortgaged Property in accordance with the terms hereof or <br />as permitted by law, shall be distributed and applied in the following order of priority (unless <br />otherwise required upon the ratification of the auditor's report for the sale, in which case such <br />ratified auditor's report shall govern): FIRST, to the payment of all costs and expenses incident <br />to the foreclosure and/or sale proceedings, including the fees and costs of any attorneys for this <br />trust, the commission due any auctioneer which calls the sale (not to exceed the maximum <br />amount permitted by law or rule), a commission to the Deed of Trust Trustee equal to five <br />percent (5% ) of the successful bid amount (or such lesser amount equal to the commission <br />allowed trustees for making sales of property under power of sale or under a decree of a court of <br />equity in the State of Maryland), appraisers' fees and environmental audits, all of which shall <br />accrue and become due from and after any Event of Default, together with any sums which Deed <br />of Trust Trustee or Beneficiary shall have paid for procuring any abstract, certificate or report of <br />title to the Mortgaged Property; SECOND, to the payment of all items which under the terms <br />hereof constitute secured indebtedness whether the same shall have been matured or not <br />including interest thereon until final ratification of the auditor's report, in such order as <br />Beneficiary may elect in its sole and absolute discretion; and THIRD, any surplus to such parties <br />as are legally entitled thereto under any applicable legal requirements. It is agreed that a <br />reasonable fee not to exceed Twenty Thousand Dollars ($20,000.00) to the party making the <br />sale, and all of the above costs and expenses, shall be paid by Borrower in the event the Debt is <br />paid in full (or if the sale is cancelled or postponed by agreement of Borrower and Beneficiary) <br />after the publication of any advertisement of a sale of the Mortgaged Property but before the time <br />and date of the sale therein advertised. <br />
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