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99103417
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Last modified
3/13/2012 5:03:12 PM
Creation date
10/20/2005 10:53:11 PM
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DEEDS
Inst Number
99103417
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F7 � � � ��� ��� � <br /> � Y <br /> ��_ 1(�341`7 <br /> E. In the event the TRUSTOR fails or neglects to pay taxes and procure <br /> casualty insurance, all as above set forth, then BENEFICIARY may pay such <br /> taxes and procure such insurance, and all sums expended and advanced by <br /> BENEFICIARY and TRUSTEE in accordance with the provisions contained herein <br /> are secured hereby and, without demand, shall be immediately due and <br /> payable by the TRUSTOR and shall bear interest at the rate of sixteen <br /> percent (16�) per annum until paid; provided however, that at the option <br /> of the BENEFICIARY and TRUSTEE, such advancements for payment of taxes and <br /> insurance may be added to the principal balance of any indebtedness <br /> secured hereby and shall bear interest at the rate of ten percent (10�) <br /> per annum until paid. <br /> TRUSTOR covenants and agrees that a failure to make any payment, either <br /> principal or interest, on the Note secured hereby when due and payable, or a <br /> failure to comply with any of the covenants and agreements herein made shall <br /> cause the whole sum of money hereby secured to become immediately due and <br /> collectible at the option of the BENEFICIARY, and BENEFICIARY shall have the <br /> right to cause Notice of Default to be given and the premises to be sold as <br /> provided herein. <br /> The parties mutually agree as follows: <br /> A. At any time and from time to time upon written request of BENEFICIARY, <br /> payment of fees and presentation of this Deed of Trust and the Note for <br /> endorsement (in case of full reconveyance, for cancellation and <br /> retention) , without affecting the liability of any person for the payment <br /> of the indebtedness, TRUSTEE may (a) consent to the making of any map or <br /> plat of said property; (b) join in granting any easement or creating any <br /> restriction thereon; (c) join in any subordination or other agreement <br /> affecting this Deed of Trust or the lien or charge thereof; (d) reconvey <br /> this Deed of Trust or the lien or charge thereof; (d) reconvey, without <br /> warranty, all or any part of said property upon request of BENEFICIARY. <br /> B. The grantee in any Deed of Reconveyance may be described as "the person or <br /> persons entitled thereto", and the recitals therein of any matters or <br /> facts shall be conclusive proof of the truthfulness thereof. Reconveyance <br /> shall operate as a reassignment of rents and profits assigned to TRUSTEE. <br /> C. Upon default by TRUSTOR in the payment of indebtedness secured hereby or <br /> in the performance of any agreement hereunder, BENEFICIARY may accelerate <br /> payment and declare all sums secured hereby immediately due and payable by <br /> delivery to TRUSTEE of written declaration of default. If BENEFICIARY <br /> desires said property to be sold, it shall deposit with TRUSTEE this Deed <br /> of Trust and all promissory notes and documents evidencing expenditures <br /> secured hereby, and shall deliver to TRUSTEE a written Notice of Default <br /> and election to cause said property to be sold in the form required by <br /> law, which shall be duly filed for record by TRUSTEE. <br /> (1) After the lapse of such time as may be required by law (presently <br /> being one (1) month following the recordation of said Notice of <br /> Default) , Notice of Default and Notice of Sale having been given as <br /> required by law, TRUSTEE, without demand on TRUSTOR, shall sell said <br /> property on the date and at the time and place designated in said <br /> Notice of Sale, at public auction to the highest bidder, the <br /> purchase price payable in lawful money of the United States at the <br /> time of sale. The person conducting the sale may, for any cause he <br /> 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 person at the time and <br /> place last appointed for the sale; provided, if the sale is <br /> postponed for longer than one (1) day beyond the day designated in <br /> the Notice of Sale, notice thereof shall be given in the same manner <br /> as the original Notice of Sale. TRUSTEE shall execute and deliver <br /> to the purchaser his Deed conveying said property so sold, but <br /> without any covenant or warranty, express or implied. The recitals <br /> in the Deed of any matters or facts shall be conclusive proof of the <br /> truthfulness thereof. Any person, including BENEFICIARY, may <br /> purchase at the sale. TRUSTOR hereby covenants to warrant and <br /> defend the title of the above property to the purchaser at sale. <br /> D. When the TRUSTEE sells the trust property pursuant to the powers granted <br /> herein, the TRUSTEE shall apply the proceeds from the sale of such <br /> property in the following order of priority: <br /> (1) To the cost and expense of exercising the power of sale and of the <br /> sale, including attorney fees, evidence of title and other sale <br /> expenses, and a trustee's fee not to exceed two percent (2�) of the <br /> gross sale price; <br /> (2) To the payment of the obligation secured by this Deed of Trust and <br /> Trust Deed Note; <br /> -2- <br />
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