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200400151
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200400151
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Last modified
10/16/2011 11:05:09 AM
Creation date
10/20/2005 10:54:09 PM
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DEEDS
Inst Number
200400151
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200400151 <br />a. Trustor shall have failed to make payment of any installment of interest, <br />principal or principal and interest or any other sum secured hereby within <br />five (5) days after the said payment becomes due; or <br />b. The Trustor has failed to perform any of the other terms or conditions of the Note <br />or this Deed of Trust to be kept and performed by the Trustor to so perform for <br />thirty (30) days following the receipt of written notice of such failure from the <br />Beneficiary. <br />11. Acceleration Upon Default, Additional Remedies. Should an event of default occur, <br />Beneficiary may declare all indebtedness secured hereby to be due and payable and the same <br />shall thereupon become due and payable without any presentment, demand, protest or notice of <br />any kind. Thereafter Beneficiary may: <br />a. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, or specifically enforce any of the covenants thereof, <br />b. Deliver to Trustee a written declaration of default and demand for sale, and a <br />written notice of default and election to cause Trustor's interest in the Trust Estate <br />to be sold; <br />Take any and all other action or actions provided by law or equity. <br />12. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of <br />the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with <br />Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and <br />secured hereby as Trustee may require. <br />a. Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, <br />published and delivered to Trustor such Notice of Default and Notice of Sale as <br />then required by law and by this Deed of Trust. Trustee shall, without demand on <br />Trustor, after such time as may then be required by law and after recordation of <br />such Notice of Default and after Notice of Sale having been given as required by <br />law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of <br />Sale, at public auction to the highest bidder for cash in lawful money of the <br />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 <br />so sold, but without any covenant or warranty, express or implied. The recitals in <br />such deed of any matters or facts shall be conclusive proof of the truthfulness <br />thereof. Any person, including, without limitation, Trustor, Trustee or <br />Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant <br />and defend the title of such purchaser or purchasers. <br />Page 4 <br />
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