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200100106
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Last modified
10/13/2011 11:12:27 PM
Creation date
10/20/2005 7:45:52 PM
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DEEDS
Inst Number
200100106
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200100,l0g <br />invalidate any act and in response to such <br />default or pursuant to such notice of <br />default and, notwithstanding the continuance <br />in possession of the property or the <br />collection, receipt and application of <br />rents, issues or profits, Trustee or <br />Beneficiary may be entitled to exercise <br />every right provided for in any of the loan <br />instruments or by law upon occurrence of any <br />event of default, including the right to <br />exercise the power of sale; <br />(b) commence on action to foreclose <br />this Deed of Trust as a mortgage, appoint a <br />receiver, or specifically enforce any of the <br />covenants hereof; <br />(c) deliver to Trustee a written <br />declaration of default and demand for sale, <br />and a written notice of default and election <br />to cause Trustor's interest in the property <br />to be sold, which notice Trustee shall cause <br />to be duly filed for record in the official <br />rec? ?ords of the county in which the <br />property is located. <br />13. Foreclosure by Power of Sale. Should Beneficiary <br />elect to foreclose by exercise of the power of sale herein <br />contained, Beneficiary shall notify Trustee and shall deposit <br />with Trustee this Deed of Trust and the note and such receipts <br />and evidence of expenditures made and secured hereby as Trustee <br />may require, and upon request of the Beneficiary, the Trustee <br />shall file for record, in the Register of Deeds office in the <br />County where the property is located, a notice of default, <br />setting forth the name of the Trustor, the Book and Page or <br />Document No. of this Deed of Trust as recorded in said Register <br />of Deeds office, the legal description of the above - described <br />real estate and that a breach of an obligation, for which said <br />real estate was conveyed as security, has occurred, and setting <br />forth the nature of such breach and the Trustee's election to <br />sell the real estate to satisfy the obligation; and after the <br />lapse of not less than one (1) month, the Trustee shall give <br />written notice of the time and place of sale which may be <br />between 9:00 a.m. and 5:00 p.m. at the premises, or at the <br />Courthouse in the County wherein such property is located, <br />describing the property to be sold by its legal description, <br />said notice to be published in a newspaper of general cir- <br />culation in the County wherein such property is located, once a <br />week for five (5) consecutive weeks, the last publication to be <br />at least ten (10) days, but not more than thirty (30) days, <br />prior to the sale; and the Trustee shall then sell said property <br />at the time and place designated in the notice, in the manner <br />provided by law in effect at the time of filing said notice, at <br />public auction to the highest bidder for cash and shall deliver <br />to such purchaser a deed to the property sold, consistent with <br />the law in effect at the time. <br />Upon receipt of payment of the price bid, Trustee shall de- <br />liver to the purchaser, Trustee's deed conveying the property <br />sold. Recitals in the Trustee's deed shall be prima facie evi- <br />dence of the truth of the statements made therein. Trustee <br />shall apply the proceeds of the sale in the following order: <br />(a) to all reasonable costs and expenses of the sale, including <br />but not limited to, Trustee's fees of not more than 1.5% of the <br />gross sale price, reasonable attorney fees and costs of title <br />r <br />
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