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200007571
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Last modified
10/13/2011 7:33:29 PM
Creation date
10/20/2005 9:31:25 PM
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DEEDS
Inst Number
200007571
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200007571 <br />of said Notice of Default), Notice of Default and Notice <br />of Sale having been given as required by law, TRUSTEE, <br />without demand on TRUSTORS, shall sell said property on <br />the date and at the time and place designated in said <br />Notice of Sale, at public auction to the highest bidder, <br />the purchase price payable in lawful money of the United <br />States at the time of sale. The person conducting the <br />sale may, for any cause he deems expedient, postpone the <br />sale from time to time until it shall be completed and in <br />every such case, notice of postponement shall be given by <br />public declaration thereof by such person at the time and <br />place last appointed for the sale; provided, if the sale <br />is postponed for longer than one (1) day beyond the day <br />designated in the Notice of Sale, notice thereof shall be <br />given in the same manner as the original Notice of Sale. <br />TRUSTEE shall execute and deliver to the purchaser his <br />Deed conveying said property so sold, but witro,at any <br />covenant or warranty, express or implied. The recitals <br />in the Deed of any matters or facts shall be conclusive <br />proof of the truthfulness thereof. Any person, including <br />BENEFICIARIES, may purchase at the sale. TRUSTORS hereby <br />covenant to warrant and defend the title of the above <br />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 />(1) To the cost and expense of exercising the power of sale <br />and of the sale, including attorney fees, evidence of <br />title and other sale expenses, and a trustee's fee not to <br />exceed two percent (20) of the gross sale price; <br />(2) To the payment of the obligation secured by this Deed of <br />Trust and Trust Deed Note; <br />(3) To the payment of junior Trust Deeds, mortgages, or other <br />lienholde.rs; <br />(4) The balance, if any, to the person or persons legally <br />entitled thereto. <br />E. Upon the occurrence of any default hereunder, BENEFICIARIES <br />shall have, in addition to such other options as may be <br />granted herein, the further option to foreclose this Deed of <br />Trust in the manner provided by law for foreclosures of <br />mortgages on real property. <br />F. BENEFICIARIES may from time to time substitute a successor or <br />successors to any TRUSTEE named herein or acting hereunder. <br />Upon such appointment, and without conveyance to the successor <br />TRUSTEE, the latter shall be vested with all title, powers, <br />and duties conferred upon any TRUSTEE herein named or acting <br />hereunder. Each such appointment and substitution shall be <br />made by written instrument and executed by BENEFICIARIES, <br />containing reference to this Deed of Trust and its place of <br />record, which, when recorded in the office of the Register of <br />Deeds of the county or counties in which said property is <br />red all he ,ncl_l�iVP of proper appointment of <br />the successor TRUSTEE. The foregoing power of substitution <br />and the procedure therefor shall not be exclusive of the power <br />and procedure provided for by law for the substitution of a <br />TRUSTEE in the place of the TRUSTEE named herein. <br />G. TRUSTORS covenant and agree that upon any attempted <br />conveyance, assignment, pledge or transfer of any of his <br />interest in the premises during the term of the loan secured <br />hereby, the BENEFICIARIES shall have the option of declaring <br />the unpaid balance immediately due and payable, and if said <br />-3- <br />
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