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89103272
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Last modified
10/20/2011 3:27:34 AM
Creation date
10/20/2005 9:41:19 PM
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DEEDS
Inst Number
89103272
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1 <br />- <br />r <br />12. Acceleration; Remedies; Sale. Upon default by Trustor in the payment of <br />any indebtedness secured hereby or in the performance of any agreement hereunder, <br />Beneficiary may declare all woos secured hereby immediately due and payable by <br />delivery to Trustee of written declaration of Default. The Trustee shall have <br />the power of sale of the Property and if Beneficiary desires the Property to be <br />sold, it shall deposit with Trustee this Trust Deed and all promissory notes and <br />documents evidencing expenditures secured hereby, and shall deliver to Trustee <br />a written notice of default and election to cause the Property to be sold, and, <br />the Trustee in turn shall prepare a similar Notice in the form required by law, <br />which shall be duly filed for record by Trustee. <br />(a) After the lapse of such time as may be required by law following the <br />recordation of said notice of default, and notice of default and notice <br />of sale having been given as required by law, Trustee without demand on <br />Trustor, shall sell tiie'Property on the date and at the time and place <br />designated in said notice of sale, at public auction to the highest <br />bidder, the purchase price payable in lawful money of the United States <br />at the time of sale. The person conducting the sale may, for any cause <br />he deems expedient, postpone the sale from time to time until it shall <br />.be completed and, in every such case, notice of postponement shall be <br />given by public declaration thereof by such persdi'at the time and place <br />last appointed for the sale; provided, if the sale is postponed for longer <br />than one (1) day beyond, the day designated in the notice of sale, notice <br />there" of shall be givens in' the same manner as the originai notice of sale. <br />Tea'stee shall execute amcl deliver •to the purchaser its Deed conveyftsg. <br />-,.la,-:'Property so sold, but without any covenant or warranty, express.., or <br />impin4•. The recitals•in' the Deed of an'y matters or facts shall be con- <br />C1uSivid.l�roof cf.- the- tr_z1thfnJ_rleSS,_therevF.= Any poLOfiiiv iii; itciinq $ens- <br />at, may purchase at the sale. <br />seen srustee sells pursuant to the powers herein, the Tr'astee shall apply <br />.,.the groceeds of the sale to payment of the costs and expenses of exer- <br />cxsing. the power of sale and of the sale,- Including the paytment of the <br />Trustee's Fees actually incurred, which Trustee's Fees shall : not in the <br />aggregate exceed the following amounts based upon the amouidt'`secured <br />hereby,and remaining unpaid: 5 percentum on the first $1,0461,'tFiereaif, <br />.05 percentum on the balance thereof; snd' then to the iteivs.11i sulapara- <br />graph., C-0 in the order there stated. <br />(c) After paying the items specified4 in subparagraph (b) if the.sale is by <br />Trustee, or the proper court and other costs of foreclosur'e,and sale if <br />the sale is pursuant to judicial foreclosure, the proceeds'of sale shall <br />be applied in the order stated to the payment of: <br />(i) Cost of any evidence of title procured in con- <br />nection with such sale and of any revenue stamps; <br />(ii) All sums then secured hereby; <br />('t-fi) The remainder, if any, to the person legally <br />entitled thereto. <br />13. Duties and Obligations of Trustee (a) The duties and obligations of Trustee <br />shall be determined solely by the express provisions of this Trust Deed and Trustee <br />, )shall not be liable except for the performance of such duties and obligations as <br />are specifically set forth herein, and no implied covenants or obligations shall <br />be imposed upon Trustee; (b) No provision of this Trust Deed shall require Trustee <br />to expend or risk its own funds, or otherwise incur any financial obligation in <br />the performance of any of its duties hereunder, or in the exercise of any of its <br />right or powers, if it shall have grounds for believing that the repayment of <br />g <br />L <br />I <br />i <br />
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