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200109056
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Last modified
10/14/2011 9:29:28 AM
Creation date
10/20/2005 10:07:31 PM
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DEEDS
Inst Number
200109056
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200109056 <br />receipt of Trustee or Grantee therefor shall be binding on Grantor with respect to the amount so paid. All <br />sums of money received by Trustee or Grantee from rents and income, after deducting therefrom the <br />reasonable charges and expenses paid or incurred in connection with the collection and disbursement <br />thereof, shall be applied to the payment of the Obligations, or applied to remedy any default hereunder as <br />Grantee may direct. Any lessee or sublessee of the Property, or any part thereof, shall be fully protected <br />in relying and acting upon the written statement of Grantee to the effect that this Deed of Trust is in default <br />and that Trustee or Grantee is entitled to receive the rents and income hereunder, notwithstanding any notice <br />to or knowledge of said lessee or sublessee to the contrary. Such lessee or sublessee shall have no duty to <br />determine that any sum paid to Trustee or Grantee hereunder is properly applied by Trustee or Grantee. <br />5.03 Sale of Property. (a) Trustee, at the request of Grantee, shall exercise the power of <br />sale granted herein and proceed to sell, either by himself or by agent or attorney, the Property or any part <br />thereof at public venue or outcry to the highest bidder for cash at such time and place and upon such terms <br />as it shall deem expedient, or as may be required by applicable law after first giving such notices, including <br />notice of default and election to sell and notice of sale, as required by applicable law. Upon such sale <br />Trustee shall receive the proceeds of such sale or sales and shall execute and deliver deed or deeds or other <br />instruments of conveyance, assignment and transfer to the Property sold, to the purchaser or purchasers <br />thereof. <br />(b) Upon such sale or sales made by Trustee under the power herein granted, or upon <br />any sale or sales under or by virtue of any judicial proceedings: (i) the whole of the Property, real, <br />personal and mixed, may be sold in one parcel as an entirety, or the Property may be sold in separate <br />parcels as may be determined by Trustee in his discretion; (ii) any deed or other instrument of conveyance, <br />assignment or transfer made and delivered by Trustee in pursuance of the powers granted and conferred <br />herein, and all recitals therein contained shall be prima facie evidence of the facts therein set forth; (iii) any <br />such sale or sales shall operate to divest Grantor of all right, title, interest, claim and demand, either at law <br />or in equity, under statute or otherwise, in and to the Property and every part thereof so sold and shall be <br />a perpetual bar, both in law or equity, against Grantor and any and all persons claiming or to claim from, <br />through or under Grantor; and (iv) at any such sale or sales Grantee may bid for and purchase the Property <br />or any part thereof and may make payment therefor by credits against the Obligations. <br />5.04 Foreclosure. (a) Trustee may proceed by suit or suits at law or in equity, as Trustee <br />may be advised by counsel, to enforce the payment of the Obligations or to foreclose this Deed of Trust. <br />In such event, Trustee shall be entitled to a reasonable fee for his services and the services of his attorneys <br />and agents, and for all expenses, costs and outlays. Upon or at any time after the filing of any suit to <br />foreclose the lien hereof, Trustee may seek the appointment of a receiver of the Property. Trustee, or <br />Grantee, may be appointed as such receiver. Such receiver shall have full power to collect the rents, issues <br />and profits from the Property and all other powers necessary or incidental for the protection, possession, <br />control, management and operation of the Property. <br />(b) Upon any foreclosure or sale of the Property, or any part thereof, the proceeds of <br />such sale or sales shall be applied as follows: <br />(1) If by exercise of the power of sale granted herein: <br />11 <br />
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