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99106654
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99106654
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Last modified
3/13/2012 6:21:36 PM
Creation date
10/20/2005 11:53:14 PM
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DEEDS
Inst Number
99106654
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. �, ' , � <br /> - 99 106654 <br /> Notice of Sale, at public auction to the highest bidder, <br /> the purchase price payable in lawful money of the United <br /> States at the time of sale . The person conducting the <br /> sale may, for any cause he deems expedient, postpone the <br /> sale from time to time until it shall be completed and in <br /> every such case, notice of postponement shall be given by <br /> public declaration thereof by such person at the time and <br /> place last appointed for the sale; provided, if the sale <br /> is postponed for longer than one (1) day beyond the day <br /> designated in the Notice of Sale, notice thereof shall be <br /> given in the same manner as the original Notice of Sale . <br /> TRUSTEE shall execute and deliver to the purchaser his <br /> Deed conveying said property so sold, but without any <br /> covenant or warranty, express or implied. The recitals <br /> in the Deed of any matters or facts shall be conclusive <br /> proof of the truthfulness thereof . Any person, including <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 t.he gross sale prire; <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 herei.n 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 his <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 fifteen (15) days thereafter, BENEFICIARY <br /> can cause Notice of Default to be given and the premises be <br /> sold as provided herein. <br /> -3- <br />
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