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201503102
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Last modified
11/5/2015 9:11:37 PM
Creation date
5/14/2015 1:27:00 PM
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DEEDS
Inst Number
201503102
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, 201503102 <br /> 4. Acceleration Upon Default; Remedies; Sale: The sale, assignment, conveyance or <br /> other transfer of any interest in the Property or the failure of the Trustor to make any payment or to <br /> perform any of the terms and conditions of the Note, or any renewals, modifications or extensions <br /> thereof, or the payment of any other indebtedness secured hereby or in the performance of any of <br /> the covenants and agreements hereunder or any other Deed of Trust, mortgage or instrument of <br /> indebtedness regarding the Property shall be a breach of this agreement and the Beneficiary may <br /> declare a default and may declare all sums secured hereby immediately due and payable and the <br /> same shall thereupon become due and payable without presentment, demand, protest or notice of <br /> any kind. Thereafter, Beneficiary may deliver to Trustee a written declaration of default and demand <br /> for sale. Trustor agrees and hereby grants that the Trustee shall have the power of sale of the <br /> Property and if the Beneficiary decides that the Property is to be sold he shall deposit with the <br /> Trustee this Deed of Trust and the Note or Notes and any other documents evidencing written <br /> notice of default and election to cause the Property to be sold, and Trustee in turn shall prepare a <br /> similar notice in the form required by law, which shall be duly filed for record by Trustee. <br /> (a) After the lapse of such time as may be required by law following the <br /> recordation of Notice of Default, and Notice of Default and Notice of Sale having been given as <br /> required by law,Trustee,without demand on Trustor, shall sell the Property in one or more parcels <br /> and in such order as Trustee may determine on the date and time and place designated in said <br /> Notice of Sale, at public auction to the highest bidder,the purchase price payable at the time of the <br /> sale.The person conducting the sale may,for any cause he or she deems expedient, postpone the <br /> sale from time to time until it shall be completed and, in every such case, notice of postponement <br /> shall be given by public declaration thereof by such person at the time and place last appointed for <br /> the sale; provided, if the sale is postponed for longer than forty-five (45) days beyond the day <br /> designated in the Notice of Sale, notice thereof shall be given in the same manner as the original <br /> Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying the Property <br /> so sold, but without any covenant or warrant, express or implied. The recitals in the Deed of any <br /> matters or facts shall be conclusive proof of the truthfulness thereof.Any person, including without <br /> limitation, Beneficiary or Trustee, may purchase at the sale. <br /> (b) When the Trustee sells pursuant to the powers herein,the Trustee shall apply <br /> the proceeds of the sale to the costs and expenses of exercising this power of sale, including, <br /> without limitation,the payment of Trustee's fees incurred,and then to the items in subparagraph(c) <br /> in the order there stated. <br /> (c) After paying the items specified in subparagraph (b) above, if the sale is by <br /> Trustee, or by the proper court, and other costs of foreclosure and sale if the sale is pursuant to <br /> judicial foreclosure, then the proceeds of sale shall be applied in the order stated below to the <br /> payment of: <br /> (1) Attorneys fees and costs of collection; <br /> (2) Costs of any evidence of title procured in connection with <br /> such sale and of any revenue required to be paid; <br /> (3) All obligations secured by this Trust Deed; and, <br /> (4) The remainder, if any, to the person legally entitled thereto. <br /> 5 <br />
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