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200109056
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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 />(i) First, to the payment of all necessary costs and expenses of exercising <br />the power of sale and of the sale, including the payment of the <br />Trustee's fees actually incurred; <br />(ii) Second, to the payment in full of the secured indebtedness; <br />(iii) Third, to payment of junior trust deeds, mortgages, or other <br />lienholders; and <br />(iv) Fourth, the remainder, if any, shall be paid to the person or persons <br />legally entitled thereto. <br />(2) If by judicial foreclosure: <br />(i) First, to the discharge of the debt adjusted by the court to be due, and <br />of costs awarded; and <br />(ii) Second, the surplus, if any, to the use of the Grantor or of the persons <br />entitled thereto, subject to the order of the court. <br />If the net proceeds of such sale or sales shall not be sufficient to pay in full the <br />indebtedness hereby secured, Grantor hereby promises and agrees to pay any deficiency thereon on <br />demand. <br />5.05 Remedies Not Exclusive. No remedy herein conferred upon or reserved to Trustee <br />or Grantee is intended to be exclusive of any other remedy, but every remedy herein provided shall be <br />cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing <br />at law or in equity, or by statute; and every power and remedy given by this Deed of Trust to Trustee or <br />to Grantee may be exercised from time to time and as often as may be deemed expedient. No delay or <br />omission by Trustee or by Grantee to exercise any right or power arising from any default shall impair any <br />such right or power or shall be construed to be a waiver of any default or an acquiescence therein. In case <br />Trustee shall have proceeded to enforce any right under this Deed of Trust by foreclosure, entry or <br />otherwise, and such proceedings shall have been discontinued or abandoned because of waiver or for any <br />other reason, or shall have been determined adversely, then, and in such and every such case, Grantor and <br />Trustee shall severally and respectively be restored to their former positions and rights hereunder in respect <br />of the Property, and all rights, remedies and powers of Trustee shall continue as though no such <br />proceedings had been taken. The unenforceability or invalidity of any provision or provisions hereof shall <br />not render any other provision or provisions herein contained unenforceable or invalid. <br />SECTION 6. GENERAL PROVISIONS. <br />6.01 Future Advances. This Deed of Trust shall secure such future advances (i) as may <br />be made by Grantee, at its option, and (ii) as may be made by Grantee as Protective Advances. All such <br />future advances shall be equally secured from the time of recording of this Deed of Trust, and have the <br />same priority as this Deed of Trust over the rights of -all other persons who acquire any rights in or liens <br />upon the Property subsequent to such recording. The total amount of indebtedness secured by this Deed <br />12 <br />
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