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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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200011223 <br />published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law <br />and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then <br />be required by law and after recordation of such Notice of Default and after Notice of Sale having <br />been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such <br />Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem <br />expedient, and in such order as it may determine, at public auction to the highest bidder for cash in <br />lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser <br />or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but <br />without any covenant or warranty, express or implied. The recitals in such deed of any matters of <br />facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation, <br />Trustor, Trustee or Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant <br />and defend the title of such purchaser or purchasers. <br />b. As may be permitted by law, after deducting all costs, fees, and expenses of Trustee and <br />of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the <br />proceeds of sale to payment of (a) all sums expended under the terms hereof, not then repaid, with <br />accrued interest at 12 percent (12 %) per annum, (b) all other sums then secured hereby, and (c) the <br />remainder, if any, to the person or persons legally entitled thereto. <br />c. Trustee may in the manner provided by law, postpone sale of all or any portion of the <br />Trust Estate. <br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby and <br />to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other <br />agreement or any laws now or hereafter in force, notwithstanding some or all of the such <br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this <br />Deed of Trust nor its enforcement whether by Court action or pursuant to the power of sale or other <br />powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to <br />realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being <br />agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust <br />and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as <br />they or either of them may in their absolute discretion determine. No remedy herein conferred upon <br />or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by <br />law provided or permitted, but each shall be cumulative and shall be in addition to every other <br />remedy or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or <br />Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or <br />independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary <br />and either of them may pursue inconsistent remedies. Nothing herein shall be construed as <br />prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such <br />action is permitted by law. <br />5 <br />
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