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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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- 112 - <br />201400400 <br />complete and exclusive statement of the agreement between us, except as we may later <br />agree in writing to modify it. <br />7. Power of Sale for the Mortgaged Property. The following shall replace paragraph <br />25(a)(iv) of this Security Instrument: <br />(iv) Lender may elect to cause any of the Mortgaged Property to be sold as follows: <br />a. Lender may proceed as if all of the Mortgaged Property were real property, or <br />Lender may elect to treat any of the Mortgaged Property which consists of a right <br />in action or which is property that can be severed from the Premises and <br />Improvements without causing structural damage thereto as if the same were <br />personal property and dispose of the same in accordance with § 25 hereof, <br />separate and apart from the sale of real property, the remainder of the Mortgaged <br />Property being treated as real property. <br />b. Should Lender request and direct Trustee to sell the Mortgaged Property or any <br />part thereof which is real property or which Lender has elected to treat as real <br />property, upon such election, Trustee may proceed to foreclose this Security <br />Instrument in respect of said real property in the following manner: Trustee at the <br />request of the Lender shall proceed to take possession and to sell any of the <br />Mortgaged Property, in whole or in one or more parcels, at public vendue, to the <br />highest bidder, for cash, at a front door (to be designated by Trustee) of the <br />building then appointed by the Circuit Court of the county in the State in which <br />the Land is situate (the "County "), or customarily used, for holding of foreclosure <br />sales, first giving notice of such sale in the manner prescribed by statute. Trustee <br />may in the Trustee's discretion set the time of any such sale at any commercially <br />reasonable time, as permitted by Section 443.327 of the Revised Statutes of <br />Missouri. Upon such sale, Trustee shall execute and deliver a deed of conveyance <br />of the property sold to the purchaser or purchasers thereof. Trustee shall receive <br />the proceeds of said sale out of which the Trustee shall pay (i) the costs and <br />expenses of executing this trust, including lawful compensation to the Trustee for <br />his services as provided by statute, and a reasonable attorney's fee, which shall be <br />immediately due upon first publication of sale; (ii) to Lender, upon the usual <br />vouchers therefor, any of the Debt, including money advanced for ground rents, <br />Impositions, insurance, maintenance, abstracts, title reports, judgments upon <br />statutory lien claims and any other advances hereunder and interest thereon at the <br />Default Rate, as herein provided; (iii) the amount unpaid on the Debt, including <br />the interest accrued thereon at the Default Rate; (iv) the remaining Debt; and (v) <br />the balance of such proceeds, if any, shall be paid as required by law. The <br />purchaser at any foreclosure sale shall not be obligated to look to the application <br />of the proceeds thereof. If the Lender should become the purchaser, it shall be <br />entitled to credit any of the unpaid balance of the Debt against the amount of the <br />purchase price. The Trustee covenants faithfully to perform the Trust herein <br />created. The purchaser at any sale or foreclosure sale hereunder may disaffirm <br />any easement granted or Lease made in violation of any provision of this Security <br />
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