Laserfiche WebLink
20140040 <br />parcels or as a whole as he may deem best. At or in connection with any such sale, Deed of <br />Trust Trustee shall not be required to be physically present, or to have constructive possession of <br />the Mortgaged Property (Borrower hereby covenanting and agreeing to deliver to Deed of Trust <br />Trustee any portion of the Mortgaged Property not actually or constructively possessed by Deed <br />of Trust Trustee immediately upon demand by Deed of Trust Trustee) and the title and right of <br />possession of any such property shall pass to the purchaser thereof as completely as if the same <br />had been actually present and delivered to purchaser at such sale. Each and every recital <br />contained in every instrument of conveyance made by Deed of Trust Trustee shall establish the <br />truth and accuracy of the matters recited therein, including, without limitation, nonpayment of <br />the Debt, advertisement and conduct of such sale in the manner provided herein and otherwise by <br />law and by appointment of any successor Deed of Trust Trustee hereunder, and any and all <br />prerequisites to the validity of such sale shall be deemed to have been performed. The receipt of <br />Deed of Trust Trustee or of such other party making the sale shall be a sufficient discharge to the <br />purchaser for his purchase money and no such purchaser, or his assigns or personal <br />representatives, shall thereafter be obligated to see to the application of such purchase money or <br />be in any way answerable for any loss, misapplication or non - application thereof. The sale by <br />Deed of Trust Trustee, or Deed of Trust Trustee's substitute or successor, of less than the whole <br />of the Mortgaged Property shall not exhaust the power of sale herein granted, and Deed of Trust <br />Trustee is specifically empowered to make a successive sale or sales under such power until the <br />whole of the Mortgaged Property shall be sold; and, if the proceeds of such sale of less than the <br />whole of the Mortgaged Property shall be less than the aggregate of the indebtedness secured <br />hereby and the expense of executing this Security Instrument as provided herein, this Security <br />Instrument and the lien hereof shall remain in full force and effect as to the unsold portion of the <br />Mortgaged Property just as though no sale has been made; provided, however, that Borrower <br />shall never have any right to require the sale of less than the whole of the Mortgaged Property <br />but Lender shall have the right, at its sole election, to request Deed of Trust Trustee to sell less <br />than the whole of the Mortgaged Property. The power of sale granted herein shall not be <br />exhausted by any sale held hereunder by Deed of Trust Trustee or his substitute or successor, and <br />such power of sale may be exercised from time to time and as many times as Lender may deem <br />necessary until all of the Mortgaged Property has been duly sold and all secured indebtedness <br />has been fully paid. <br />5. For purposes of Miss. Code Ann. § 89 -1-49 and Miss. Code Ann. § 89 -5 -21, this <br />Security Instrument secures a line of credit. <br />6. This Security Instrument secures all future advances of the Debt, regardless of <br />whether such future advances are (a) optional or obligatory, (b) additional advances of principal <br />or advances to protect the Mortgaged Property, (c) being advanced for the same purpose as <br />advances previously made, (d) arising out of the same transaction as previous advances, or (e) <br />currently within the contemplation of the parties. The priority of all such future advances shall <br />relate back to the date of filing of this Security Instrument. <br />7. Upon payment and performance by Borrower of the Debt, Lender will cancel this <br />Security Instrument by filing or delivering to Borrower an authority to cancel the Security <br />Instrument in the office of the Chancery Clerk of each county (and each judicial district, if <br />applicable) in which the Mortgaged Property is located as provided in Miss. Code Ann. § 89 -5- <br />21. This authority to cancel shall be in recordable form and Borrower will pay Lender's costs of <br />preparing and filing this cancellation, including attorneys fees. The filing of a notice of <br />- 108 - <br />