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89100857
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Last modified
10/19/2011 6:03:48 PM
Creation date
10/20/2005 9:17:04 PM
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DEEDS
Inst Number
89100857
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8- 10.0857 <br />(c) Deliver to Trustee a written declaration of default and <br />demand for sale, and.a.written notice of default and election to <br />cause Trustor's interest in the Trust Estate to be sold, which <br />.notice Trustee shall cause to be duly filed for record in the <br />appropriate Official Records of the County in which Oke Trust <br />Estate is lecAtied;. and <br />�d Apply to any court of competent jurisdiction to appoint <br />one or trr3te receivers of the Trust Estate. <br />lz , :- Fdier.hosure by Power of Sale. Should Benefic`l l- elect,;; <br />to foredt..b " b exercise of the Power of Sale herein. car_taineeiK;.,: <br />Benefididty shall notify Trustee and shall deposit with; Trustee, <br />this Deed of Trust,. and such receipts and evidence of t-"xpendi- <br />tures made secured hereby as Trustee may require. <br />Upon receipt of -u--h notice from Beneficiary, Trustee shall. <br />cause to -be recorded, published and delivered to Trustor such <br />Not. i.ce . Qr Default and Notice of Sale as then required by 1.aw and <br />by this-Deed of Trust. Trustee shall, without demand on.Trustor, <br />after such time as may then be required by law and after notice. <br />having been given as required by laws, sell the Trust Estate at_' <br />the time and place of sale fixed by it in such Notice of Sale, <br />either as a whole, or in separate lots or parcels or items as <br />Trustee shall deem expedient, and in such order as it may deter- <br />mine, at public auction to the highest bidder for cash in lawful <br />money of the United States payable at the time of sale. Trustee <br />shall deliver to such purchaser or purchasers thereof its good <br />and sufficient deed conveying the property so sold, but without <br />any covenant or warranty, express or implied. The recitals in <br />such deed. of any matters or facts shall be prima facie prrof of <br />the truthfulness thereof to the. extent provided by" uabraek.& la:: <br />Any person, including, without limitation, Trustor, Trustee or <br />Beneficiary, may purchase at such sale and Trustor hereby z6've- <br />nants to warrant and defend the record title of such purchaser or <br />purchasers exclusive of any acts or omissions of Trustee. <br />AS_ rjllay be permitted by law, after deducting all costs, fees <br />and e, Ipenses of Trustee of this Trust, including costs of evi- <br />dence of title in connection with sale, Trustee shall apply the <br />proceeds of sale to payment of (i) all sums expended under the <br />terns hereof, not then repaid, with accrued interest at tb.e rate' <br />applicable to outstanding Advances (under and as defiz,Led in the <br />Loan Agreement) until repaid by Trustor, (ii) all other sums then <br />secured hereby, and (iii) the remainder, if any, to the person or. <br />persons legally entitled thereto. <br />Trustee may in the manner provided by law, postpone sale of <br />all or any portion of the Trust Estate. <br />13. Retedies Not Exclusive. Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce payment and <br />ffm <br />L. <br />L_ <br />i <br />t <br />t� <br />r <br />_J__ <br />
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