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202305686
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Last modified
10/27/2023 4:16:39 PM
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10/27/2023 4:16:38 PM
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DEEDS
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202305686
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202305686 <br />Trustee shall give such notice of default and notice of sale as may be then required by law. Thereafter, <br />upon the expiration of such time and the giving of such notice of sale as may then be required by law, <br />Trustee, at the time and place specified by the notice of sale, shall sell such Trust Property, or any part <br />thereof specified by Beneficiary, at public auction to the highest bidder for cash in lawful money of the <br />United States of America. Upon receipt of payment of the price bid, Trustee shall apply the proceeds in <br />the following order: (i) to the costs and expenses of exercising the power of sale and of the sale, including <br />but not limited to, Trustee's fees of not more than $500.00 plus one-half of one percent of the gross sale <br />price, and reasonable attorneys' fees, (ii) to the Indebtedness, and (iii) the excess, if any, to the person or <br />persons legally entitled thereto. All costs and expenses incurred by Beneficiary in enforcing any right <br />under this Deed of Trust, including without limitation, abstract or title fees, appraisal fees, premiums for <br />title insurance, attorney fees and court costs, shall be and constitute Indebtedness secured hereby. <br />15. Duties of Trustee. Trustor agrees that the duties and obligations of Trustee shall be <br />determined solely by the express provisions of this Deed of Trust and the Trustee shall not be liable <br />except for the performance of such duties and obligations as are specifically set forth herein, and no <br />implied covenants or obligations shall be imposed upon Trustee; no provision of this Deed of Trust shall <br />require Trustee to expend or risk its own funds, or otherwise incur any financial obligation in the <br />performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have <br />grounds for believing that the repayment of such funds are adequate indemnity against such risk or <br />liability not reasonably insured to it; Trustee may consult with counsel of its own choosing and the advice <br />of such counsel shall be full and complete authorization and protection in the respect of any action taken <br />or suffered by it hereunder in good faith and reliance thereon; and Trustee shall not be liable for any <br />action taken by it in good faith and reasonably believed by it to be authorized or within its discretion or <br />rights or powers conferred upon it by this Deed of Trust. <br />16. Reconveyance. Upon payment of all Indebtedness secured by this Deed of Trust, <br />Beneficiary shall request Trustee to reconvey the Trust Property and shall surrender this Deed of Trust <br />and the Notes evidencing the Indebtedness secured by this Deed of Trust to Trustee in exchange for the <br />full payment of the Note. Trustee shall reconvey the Trust Property without warranty and without charge <br />to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, <br />if any. <br />17. Notice to Trustor. Trustor hereby requests that a copy of any notice of default and notice <br />of sale made or executed by Trustee pursuant to the provisions hereof be sent to Trustor at its mailing <br />address set forth hereinabove pursuant to paragraph 12. <br />3076407v3 5 <br />
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