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200004084
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Last modified
10/13/2011 1:38:17 PM
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10/20/2005 8:29:06 PM
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DEEDS
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200004084
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-11- 200004084 <br />5.4 Foreclosure. Upon the occurrence of an Event of Default, Trustee, or his successor <br />or substitute, is authorized and empowered and it shall be his special duty at the request of <br />Beneficiary to sell the Premises or any part thereof situated in this State, at the courthouse of any <br />county (whether or not the counties in which the Premises is located are contiguous, if the Premises <br />is located in more than one county) in the State or Commonwealth in which any part of the Premises <br />is situated, at public venue to the highest bidder for cash between the hours of ten o'clock a.m. and <br />four o'clock p.m. on the first Tuesday in any month or at such other place, time and date as provided <br />by the statutes of the State or Commonwealth in which the Premises is located then in force <br />governing sales of real estate under powers of sale conferred by deed of trust, after having given <br />notice of such sale in accordance with such statutes. Any sale made by Trustee hereunder shall be <br />as an entirety or in such parcels as Beneficiary may request. To the extent permitted by applicable <br />law, any sale may be adjourned by announcement at the time and place appointed for such sale <br />without further notice except as may be required by law. The sale by Trustee of less than the whole <br />of the Premises shall not exhaust the power of sale herein granted, and Trustee is specifically <br />empowered to make successive sale or sales under such power until the whole of the Premises shall <br />be sold; and, if the proceeds of such sale of less than the whole of the Premises shall be less than the <br />aggregate of the Indebtedness Hereby Secured and the expense of executing this trust as provided <br />herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold <br />portion of the Premises just as though no sale had been made; provided, however, that Trustor shall <br />never have any right to require the sale of less than the whole of the Premises but Beneficiary shall <br />have the right, as its sole election, to request Trustee to sell less than the whole of the Premises. <br />Trustee may, after any request or direction by Beneficiary, sell not only the real property but also <br />the Collateral (as defined Section 6 of this Article) and other interests which are a part of the <br />Premises, or any part thereof, as a unit and as a part of a single sale, or may sell any part of the <br />Collateral separately from the remainder of the Premises. It shall not be necessary for Trustee to <br />have taken possession of any part of the Premises or to have present or to exhibit at any sale any of <br />the Collateral. After each sale, Trustee shall make to the purchaser or purchasers at such sale good <br />and sufficient conveyances in the name of Trustor, conveying the property so sold to the purchaser <br />or purchasers with special warranty of title by Trustor, subject to the covenants, rights of way, <br />easements, conditions, restrictions, and other matters of public record and matters which an accurate <br />survey would reveal (and to such subleases and other subordinate matters, if any, as Trustee may <br />elect upon request of Beneficiary), and shall receive the proceeds of said sale or sales and apply the <br />same as herein provided. Payment of the purchase price to the Trustee shall satisfy the obligation <br />of purchaser at such sale therefor, and such purchaser shall not be responsible for the application <br />thereof. The power of sale granted herein shall not be exhausted by any sale held hereunder by <br />Trustee or his substitute or successor, and such power of sale may be exercised from time to time <br />and as many times as Beneficiary may deem necessary until all of the Premises and Collateral has <br />been duly sold and all Indebtedness Hereby Secured has been fully paid. In the event any sale <br />hereunder is not completed or is defective in the opinion of Beneficiary, such sale shall not exhaust <br />the power of sale hereunder and Beneficiary shall have the right to cause a subsequent sale or sales <br />to be made hereunder. Any and all statements of fact or other recitals made in any deed or deeds <br />LEASEHOLD DEED OF TRUST 692960.5 <br />
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