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200400852
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200400852
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Last modified
10/16/2011 11:47:50 AM
Creation date
10/20/2005 11:12:00 PM
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DEEDS
Inst Number
200400852
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200400852 <br />BENEFICIARY, may purchase at the sale. TRUSTORS hereby <br />covenant to warrant and defend the title of the above <br />property to purchaser at sale. <br />D. When the TRUSTEE sells the trust property pursuant to the <br />powers granted herein, the TRUSTEE shall apply the proceeds <br />from the sale of such property in the following order of <br />priority: <br />(1) To the cost and expense of exercising the power of sale <br />and of the sale, including attorney fees, evidence of <br />title and other sale expenses, and a trustee's fee not to <br />exceed four percent (4 %) of the gross sale price; <br />(2) To the payment of the obligation secured by this Deed of <br />Trust and Trust Deed Note; <br />(3) To the payment of junior Trust Deeds, mortgages, or other <br />lienholders; <br />(4) The balance, if any, to the person or persons legally <br />entitled thereto. <br />E. Upon the occurrence of any default hereunder, BENEFICIARY <br />shall have, in addition to such other options as may be <br />granted herein, the further option to foreclose this Deed of <br />Trust in the manner provided by law for foreclosures of <br />mortgages on real property. <br />F. BENEFICIARY may from time to time substitute a successor or <br />successors to any TRUSTEE named herein or acting hereunder. <br />Upon such appointment, and without conveyance to the successor <br />TRUSTEE, the latter shall be vested with all title, powers, <br />and duties conferred upon any TRUSTEE herein named or acting <br />hereunder. Each such appointment and substitution shall be <br />made by written instrument and executed by BENEFICIARY, <br />containing reference to this Deed of Trust and its place of <br />record, which, when recorded in the office of the Register of <br />Deeds of the county or counties in which said property is <br />situated, shall be conclusive proof of proper appointment of <br />the successor TRUSTEE. The foregoing power of substitution <br />and the procedure therefor shall not be exclusive of the power <br />and procedure provided for by law for the substitution of a <br />TRUSTEE in the place of the TRUSTEE named herein. <br />G. TRUSTORS covenant and agree that upon any attempted <br />conveyance, assignment, pledge or transfer of any of their <br />interest in the premises during the term of the loan secured <br />hereby, the BENEFICIARY shall have the option of declaring the <br />unpaid balance immediately due and payable, and if said sum <br />remains unpaid for 15 days thereafter, BENEFICIARY can cause <br />Notice of Default to be given and the premises be sold as <br />provided herein. <br />H. As additional and collateral security for the loan, and <br />effective forthwith upon filing of a Notice of Default, this <br />instrument shall serve as an assignment by the TRUSTORS to the <br />TRUSTEE, of all rents and revenues resulting from the <br />property, and TRUSTEE is authorized to take possession of the <br />property, rent or lease the same on terms he deems best and to <br />collect the rents and revenues and apply the same upon unpaid <br />interest, principal, taxes or insurance premiums or for <br />maintenance and preservation of the premises. <br />I. The waiver by TRUSTEE or BENEFICIARY of any default of <br />TRUSTORS under this Deed of Trust, on one occasion, shall not <br />be or be deemed to be a waiver of any other or similar <br />defaults subsequently occurring. <br />-3- <br />
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