Laserfiche WebLink
v: <br />ri <br />F 89-m 102773 <br />indebtedness secured hereby or in the performance of any agree- <br />ment, covenant or warranty herein contained or act forth in any <br />agreement or instrument executed by Trustor in connection with <br />the indebtedness hereby secured, Beneficiary may declare all sums <br />secured hereby immediately due and payable and the same shall. <br />thereupon become due and payable without presentment demand, <br />protest or notice of any kind. Thereafter, Beneficiary may de- <br />liver to Trustee a written declaration of default and demand for <br />sale. Trustee shall have the power of sale of the Property and <br />if Beneficiary decides the Property is to be sold, it shall de- <br />posit with Trustee this Deed of.trust and the Note or notes and <br />any other documents evidencing expenditures secured hereby, and <br />shall deliver to Trustee a written notice of default and election <br />to cause the Property to be sold, and Trustee, in turn, shall <br />prepare a similar notice in the form required by law, which shall <br />be duly filed for record by Trustee. <br />(a) After the lapse of such time as may be required by law fol- <br />lowing the recordation of Notice-of Default, and Notice of De- <br />fault and Notice of Sale having been given as required by law, <br />Trustee, without demand on Trustor, shall sell the Property here - <br />inbefore described, and any and every part thereof, in separate <br />parcels or en masse as the Trustee may elect and in such order as <br />trustee may determine on the date and at the time and place des- <br />ignated in said Notice of Sale, at public auction to the highest <br />bidder, the purchase price payable in cash in lawful money of the <br />United States at the time of sale. The person conducting the <br />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 <br />such case, notice of postponement shall be given -hv nuhlir AArin- <br />ration thereof by such person at the time and place last ap- <br />pointed for the sale; provided, if the sale is postponed for <br />longer than one (1). day beyond the day designated in the Notice <br />of Sale, notice thereof shall be given in the same manner as the <br />original Notice of Sale. Trustee shall execute and deliver to <br />the purchaser its Deed conveying the property so sold, but with- <br />out any covenant or warranty, express or implied. The recitals <br />in the Deed of any matters or facts shall be conclusive proof of <br />the truthfulness thereof. Any person, including without limita- <br />tion, Beneficiary or Trustee may purchase at the sale. Said sale <br />shall be conducted at the real estate formi.ng,,a part of the Prop- <br />erty or at the court house in the county in which the Property to <br />be sold, or some''part thereof, is situated. <br />(b) When Trustee sells pursuant to the powers herein, Trustee <br />shall apply the proceeds of theā€¢sale to payment of the costs and <br />expenses of exercising the power` of sale and of the sale, includ- <br />ing, without limitation,.the payment of Trustee's fees incurred, <br />which Trustee's fees shall not in the aggregate exceed the sum of <br />e,,e -" and no/100ths Dollars <br />($ ) plus of % of the amount <br />secured hereby and rema ping unpaid an then tr: the items set <br />forth in subparagraph dcl: of this paragraph FIFTH in'the order <br />therein stated. <br />kc) After paying the items specified in subparagraph (b) of this <br />paragraph FI1`'TH, if the sale is by Trustee, or the proper court <br />and other costs of foreclosure and sale if sale is pursuant to <br />judicial foreclosure, the proceeds of sale shall be applied in <br />the order stated below to the payment of: <br />(1) Cost of any evidence of title procured in connection <br />with such sale and of any revenue required to be paid; <br />L(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person or pe,rsens legally <br />entitles? thereto. <br />Fr*,;t?rt <br />ti <br />