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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
Inst Number
201400400
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Deed of Trust Trustee shall, at the request of Lender, sell the Mortgaged Property or any part of <br />the Mortgaged Property to satisfy and pay the Debt, and all impositions, if any, with accrued <br />interest thereon, and all expenses of sale and all proceedings in connection therewith, including <br />attorneys' fees and other costs of sale, to the highest bidder for cash. The sale of the Mortgaged <br />Property or any part thereof shall be advertised for three consecutive weeks preceding the sale in <br />a newspaper published in the county in which the Mortgaged Property is situated, or if none is so <br />published, then in some newspaper having a general circulation therein, and by posting a notice <br />for the same period of time at the courthouse of the same county. The notice and advertisement <br />shall disclose the names of the original parties to this Security Instrument. Borrower waives the <br />provisions of Miss. Code Ann. Section 89 -1 -55 and Section 111 of the Constitution of the State <br />of Mississippi, if any, as far as these sections restrict the right of Deed of Trust Trustee to offer at <br />sale more than 160 acres at a time, and Deed of Trust Trustee may offer the Mortgaged Property <br />as a whole or in parts regardless of how it is described. if the Mortgaged Property is situated in <br />two or more counties, or in two judicial districts of the same county, Deed of Trust Trustee shall <br />have full power to select in which county or judicial district the sale of the Mortgaged Property is <br />to be made, newspaper advertisement published, and notice of sale posted, and Deed of Trust <br />Trustee's selection shall be binding upon Borrower and Lender. Deed of Trust Trustee shall <br />have full power to fix the day, time and place of sale and may sell the Mortgaged Property in <br />201400400 <br />To secure the payment of an indebtedness in the principal sum of the Loan <br />Amount set forth on Schedule A attached hereto and made a part hereof, in lawful <br />money of the United States of America, to be paid with interest according to the <br />terms of that certain Promissory Note dated as of even date herewith, with a <br />maturity date of January 10, 2036, made by Borrower to Lender (such note <br />together with all extensions, renewals or modifications thereof being hereinafter <br />collectively call the "Note ") and all other Debt (as hereinafter defined), Borrower <br />conveys and warrants to Deed of Trust Trustee Borrower's interest in and to the <br />Premises (as hereinafter defined) which is described in Exhibit A attached hereto <br />and the buildings, structures, fixtures (except "trade fixtures" as defined in Part II <br />Section 19 of the Lease (hereinafter defined) not owned by Borrower), additions, <br />enlargements, extensions, modifications, repairs, replacements and improvements <br />now or hereinafter located thereon (the "Improvements "); <br />3. The sixth introductory paragraph on Page 5 of this Security Instrument is hereby <br />amended in its entirety to read as follows: <br />TO HAVE AND TO HOLD the above granted and described Mortgaged Property unto and to <br />the use and benefit of Deed of Trust Trustee, and the successors and assigns of Deed of Trust <br />Trustee, forever, provided that the Mortgaged Property shall include Excepted Rights and <br />Excepted Payments, as defined in the Assignment, only to the extent Lender has rights to such <br />Excepted Rights and Excepted Payments as specifically set forth in the Assignment, subject, <br />however to the Permitted Exceptions (hereinafter defined). <br />4. Power of Sale for the Mortgaged Property. Upon the occurrence and during the <br />continuance of an Event of Default, Lender may elect to cause any of the Mortgaged Property to <br />be sold as follows: <br />- 107 - <br />
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