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95107888
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1995
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95107888
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Last modified
3/10/2012 5:09:19 PM
Creation date
10/21/2005 11:05:26 AM
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DEEDS
Inst Number
95107888
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t9 5-- 1c,"78�� <br /> a written declaration of defaul.t azd demand for sale. Truatee <br /> shall have the power af sale oi� the Property ,and if Benefi.ciaz�y <br /> decides the Property is to be spld, it shall deposit with Trustee <br /> this Depd of Trust and the Note or aotes and any other documents <br /> evidencing expenditurea secured hereby, and ehall delive�: to <br /> Trustee a written notice of default and election to cause the <br /> Property to be sald, and Trustee, in turm, shall pzepare a similar <br /> notice in the form required by law, which shall be duly filed £or <br /> record by Trustee. " <br /> � <br /> (a) After the lapse of such time as may be required by law <br /> following the secordation of Notice of Default, and notice o€ <br /> Default and Notice of Sale having been given as required by <br /> law, Trustee, without dentand on Trustor, shall aell the' ' <br /> P=operty hereinbefore described, and any and every part� <br /> thereof, in separate parcels or en masse as the Truetee may <br /> elect and in such order as Trustee may determine on the date <br /> and at the time and place designated in said Notice of Sale, <br /> at public auctian to the highest bidder, the purchase price <br /> payable in cash in lawful money of the United States at the � <br /> time of sale. The person conduction the sale may, for any <br /> cause he or she deems expedient, poatpone the sale from time <br /> to time until it sha�.l be completed and, in every such cas�, <br /> notice of postponement shall be given by public declar�°cion <br /> thereof by such persorz at the time and place laet appointed <br /> for the sale; provided, if the sale is postponed �or lonqer <br /> than one (1) day beyond the day designated in 'che Notic:e of <br /> Sale, notice thereof shall be given in the �:�me manner ns the <br /> original Notice of Sale. Trustee shall eracute and deliver to <br /> the purchaser its Deed conveying the property so sold, but � <br /> without any covenant or warranty, express or implied. The <br /> recital� in tha Deeds of any matters or facts shall be <br /> conclusive proof of the tri��hfulness thereof. Any persan, <br /> including without Zimit�'cion, Beneficiary or Trustee may <br /> purchase at the sale. Said sale shall be conducted at the <br /> real estate formin,� a part of the Property or at the court <br /> house in the county in which the Property to be sold, or same <br /> part thereof, is eituated. <br /> (b) When Trustee sells pursuant to the powers herein, Trustee <br /> shall apply the proceeds of the sale to payment of the costs <br /> and expenses of exercising the power of sale and of the sale, <br /> ineluding, without li.mitation, the payment of Trustee's fees <br /> incurred, which Trustee's fees shall not in the aggregate <br /> exceed the sum of Five Hundred ancl no/100ths Dollars ($500.00) <br /> plus 1/2 of 1$ of the amount. secured hereby and ren►aining <br /> unpaid and then to the items set forth in subpc:ragraph (c) of <br /> this paragraph FI�'TH in the order therein stated. <br /> (c) After payinq the items specified in subparagraph (b) of <br /> this paragraph FIFTA, if the sale is by"Trustee, or the proper <br /> court and other costs of foreclosure and sale if sale is <br /> pursuant to judicial foreclosure, the prxeeds of sale shall <br /> be applied in the order stated below to the payment of: <br /> (1) Cost of �any evidence of title procured in connection <br /> with such sale and of any revenue required to be paid; <br /> (2) All aums then secured hereby; <br /> (3) The remainder, if any, to the person ar pereons <br /> legally enti�tled thereto. <br /> Each of the parties to this Deed of Trust h�reby requesta that a <br /> copy of any Notice of Default and a copy of any Notice of Sale <br /> provided for hereinabove be mniled to ench ench par�y at hia poat <br /> office addsess set forth herein. Upon the occurrence of any <br /> default hereunder, Beneficiary shall have the option to foreclose <br /> this Deed of Truat in the manne� provided by law for the fore- <br /> clasure of mortgages on real property. <br />
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