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200206623
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Last modified
10/15/2011 12:34:46 AM
Creation date
10/22/2005 8:53:57 PM
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DEEDS
Inst Number
200206623
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Section 3.4(c) below, separate and apart from the sale of real property, the remainder <br />of the Property being treated as real property. <br />(b) Beneficiary may cause any such sale or other disposition to be <br />conducted immediately following the expiration of the grace period, if any, herein <br />provided or provided in the Credit Agreement (or immediately upon the expiration of <br />umy redemption or reinstatement period required by law) or Beneficiary may delay <br />any such sale or other disposition for such period of time as Beneficiary deems to be <br />in its best interest. Should Beneficiary desire that more than one such sale or other <br />disposition be conducted, Beneficiary, may at its option, cause the same to be <br />conducted simultaneously or successively, on the same day or at such different days <br />or times and in such order, as Beneficiary may deem to be in its best interest. <br />(c) Should Beneficiary elect to cause any of the Property to be disposed of <br />as personalty as permitted by Section 3.4(a) above, Beneficiary may dispose of any <br />part thereof in any manner now or hereafter permitted by the Uniform Commercial <br />Code of Governing Jurisdiction or in accordance with any other remedy provided by <br />law. Any such disposition may be conducted by an employee, attorney or agent of <br />Beneficiary or Trustee. Any person, including, a Trustor, Trustee and Beneficiary, <br />shall be eligible to purchase any part or all of such personalty at any such disposition. <br />Any such disposition may be either public or private as Beneficiary may elect, subject <br />to the provisions of the Uniform Commercial Code of the Governing Jurisdiction. <br />Beneficiary shall have all of the rights and remedies of a secured party under the <br />Uniform Commercial Code of the Governing Jurisdiction. Expenses of retaking, <br />holding, preparing for sale, selling or the like shall include Beneficiary's reasonable <br />attorney's fees and legal expenses, and upon Beneficiary's election to proceed under <br />this Section 3.4(c), each Trustor, upon demand of Beneficiary, shall assemble such <br />personalty and make it available to Beneficiary at the Premises, a place which is <br />deemed reasonably convenient to Beneficiary and such Trustor. Beneficiary shall <br />give each Trustor such prior written notice of the time and place of any public sale or <br />other disposition of such personalty or of the time at or after which any private sale or <br />any other intended disposition is to be made as may be required by the Uniform <br />Commercial Code of the Governing Jurisdiction, and if such notice is sent to a <br />Trustor three (3) business days prior to any intended disposition in the manner <br />provided for the mailing of notices herein it shall constitute reasonable notice to such <br />Trustor. <br />(d) Should Beneficiary elect to sell the Property or any part thereof which <br />is real property or which Beneficiary has elected to treat as real property, upon such <br />election, Beneficiary or Trustee shall give such notice of default and election to sell as <br />may then be required by law. Thereafter, upon the expiration of such time and the <br />giving of such notice of sale as may then be required by law, and without the <br />necessity of any demand upon either Trustor, Trustee, at the time and place specified <br />in the notice of sale, shall sell the Property or any portion thereof specified by <br />Beneficiary, at public auction to the highest bidder for cash in lawful money of the <br />Deed of Trust -9- <br />
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