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89101136
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89101136
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Last modified
10/19/2011 7:20:18 PM
Creation date
10/20/2005 9:19:48 PM
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DEEDS
Inst Number
89101136
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r <br />L <br />89- 101136 <br />Be Provide BENEFICIARY with receipts evidencing payment of the <br />real estate taxes for each year during the term of this <br />indebtedness. <br />MISTORS covenant. and agree that a failure to make any <br />payment# either principal or interest, opt the Note secured hereby <br />.when due and payable, or a• failure to comply with any of the <br />covenants, and agreEments herein made shall Cause the whole sum of <br />money hereby secured to become immediately due and collectible at <br />the <optioh.:;of the BENEFICIARY, and S�'NEFICIARY shall have the <br />right, to . c4use Notice of- Default to be:: given and the premises to <br />be sald-as' provided herein. <br />The patties'o3utually.agree as foliaws: <br />A. At any. ;tine and from time to time upon .written request of <br />•.. BENEFICIARY, payment of fees: and presentation of this Deed of <br />`rust and -the Note for ' endor§ement .(in case of full <br />reconvejince, for cancellation and retention), without <br />; ag €ec sag the liability of any person for the payment of. -the; - <br />_Andebttedness, TRUSTEE may. ( a) consent to the maklft � of <br />or plat of said property~ (b) join in granting airy; ,easemei�t' or. <br />..creating any restrictiot thereon; (c) jour; in any- <br />subordination or other- agreement affecting this De6d of Trust ', <br />or the lien or. charge thereof; (d) .r+econvey, without warranty,. S .: .. <br />all or any part of said property. <br />Be- :; The grantee in any reconveyance -may be described - as "the <br />person or persons entitled thereto ",, and the recitals therein' <br />of any matters or facts shall be conclusive proof of t!6 <br />truthfulness thereof. <br />C. Upon default by TRUSTORS in the payment of indebtedness . <br />secured hereby or in the performance of any, agreement,. <br />hereunder, BENEFICIARY may declare all sums secured hereby <br />immediately due and payable by delivery to TRUSTEE of written <br />declaration of default. If BENEFICIARY desires said property <br />to be sold, they shall deposit -with TRUSTEE this Deed of <br />Trust and all promissory notes'-and documents evidencing <br />expenditures secured hereby, and rsftall deliver to TRUSTEE a <br />written Notice of Default and election to cause said property <br />to be sold in the form required by' law, which shall be duly <br />filed for record by TRUSTEE. <br />(1) After the lapse of such time as may be required by law, <br />presently being one (1) month following the recordation <br />of said Notice of Default, and Notice of Default and <br />Notice of Sale having been given as required by law, <br />TRUSTEE, without demand on TRUSTORS, shall sell said <br />property on the date and at the time and place designated <br />in said Notice of Sale, at public auction to the highest <br />bidder, the purchase price payable in lawful money of the <br />U'n.ited States at the time of sale. The person conducting <br />the sale may, for any cause he deems expedient, postpone <br />the sale from time to time until it shall be completed <br />and in every such cas'e, notice of postponement shall be <br />given by public declaration thereof by such person at the <br />tike and place last appointed' for the sale; provided, if <br />the sale is postponed for longer than one (1) day b6yond... <br />the day designated in the Notice of Sale, notice thereof <br />shall be given in the same manner as the original Notice <br />of Sale. TRUSTEE shall execute and deliver to the <br />purchaser his Deed conveying said property so sold, bu`� <br />without any covenant or warranty, express or implied. <br />The recitals in the Deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. Any person, <br />including BENEFICIARY, may purchase at the sale. TRUSTOR <br />hereby covenants to warrant and defend the title of the <br />above property to purchaser at sale. <br />D. When the TRUSTEE sells the trust property pursuant to the <br />powers granted herein, the TRUSTEE shall apply the proceeds <br />from the sale of such property in the following order of <br />priority; <br />2 - <br />.1 <br />ir <br />i <br />M <br />�. z <br />
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