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200011223
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Last modified
10/13/2011 11:04:35 PM
Creation date
10/20/2005 10:49:59 PM
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DEEDS
Inst Number
200011223
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2000119Ae <br />23 <br />date the notice is given to Trustor, by which the default must be cured; and (d) that failure to cure <br />the default on or before the date specified in the notice may result in acceleration of the sums secured <br />by this Deed of Trust and sale of the Property. The notice shall further inform Trustor of the right <br />to reinstate after acceleration and the right to bring a Court action to assert the non - existence of a <br />default or any other defense of Trustor to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, Beneficiary at its option may require immediate payment in <br />full of all sums secured by this Deed of Trust without further demand and may invoke the power of <br />sale and any other remedies permitted by applicable law. Beneficiary shall be entitled to collect all <br />expenses incurred in pursing the remedies provided in this paragraph, including, but not limited to, <br />reasonable attorneys fees and costs of title evidence. Thereafter Beneficiary may: <br />a. Either in person or by agent, with or without bringing any action or proceeding, or by a <br />receiver appointed by a Court and without regard to the adequacy of its security, enter upon and take <br />possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and <br />do any acts which it deems necessary or desirable to preserve the value, marketability or rentability <br />of the Trust Estate, or part thereof or interest therein, increase the income therefrom or protect the <br />security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect <br />the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less <br />costs and expenses of operation and collection including attorneys fees, upon any indebtedness <br />secured hereby, all in such order as Beneficiary may determine. The entering upon and taking <br />possession of the Trust Estate, the collection of such rents, issues and profits and the application <br />thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate <br />any act done in response to such default or pursuant to such notice of default and, notwithstanding <br />the continuance in possession of the Trust Estate or the collection, receipt and application of rents, <br />issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in any <br />of the Loan Instruments or by law upon occurrence of any event of default, including the right to <br />exercise the power of sale; <br />b. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, <br />or specifically enforce any of the covenants hereof; <br />c. Deliver to Trustee a written declaration of default and demand for sale, and a written <br />notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice <br />Trustee shall cause to duly filed for record in the appropriate official records of the County in which <br />the Trust Estate is located. <br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by <br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit <br />with Trustee <br />this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured <br />hereby as Trustee may require. <br />a. Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, <br />4 <br />
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