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200209642
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Last modified
10/15/2011 5:18:02 AM
Creation date
10/22/2005 9:38:17 PM
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DEEDS
Inst Number
200209642
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200209642 <br />permitted by this Security Instrument without further notice or demand on Trustor. <br />12. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default <br />hereunder: <br />(a) Trustor shall have failed to make payment of any installment of interest, principal, or <br />principal and interest or any other sum secured hereby when due; or nonpayment of real <br />estate taxes and insurance (if appropriate) when due, <br />(b) There has occurred a breach of or default under any term, covenant, agreement, <br />condition, provision, representation or warranty contained in any of the Loan <br />Instruments. <br />13. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior <br />to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed. The <br />notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less <br />than 30 days from the date the notice is given to Trustor, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Security Instrument and sale of the Property. The notice <br />shall further inform Trustor of the right to reinstate after acceleration and the right to bring a <br />court action to assert the non - existence of a default or any other defense of Trustor to acceleration <br />and sale. If the default is not cured on or before the date specified in the notice, Beneficiary at its <br />option may require immediate payment in full of all sums secured by this Security Instrument. <br />Trustor shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />paragraph 13, including, but not limited to, reasonable attorney's fees and cost of title evidence. <br />If power of sale is invoked, Trustee shall record a notice of default in each county in which any <br />part of the Property is located and shall mail copies of such notice in the form required by <br />applicable law. Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Trustor, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone <br />sale of all or any parcel of Property by public announcement at the time and place of any <br />previously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following <br />order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by <br />applicable law and reasonable attorney's fees; (b) to all sums secured by this Security Instrument; <br />and (c) any excess to the person or persons legally entitled to it. <br />14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 or <br />abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed <br />receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect <br />the rents of the Property including those past due. Any rents collected by Beneficiary or the <br />receiver shall be applied first to payment of the costs of management of the Property and <br />collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds <br />and reasonable attorney's fees, and then to the sums secured by this Security Instrument. <br />15. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby <br />and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or <br />other agreement or any laws now or hereafter in force, notwithstanding some or all of the such <br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this <br />Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or <br />other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's <br />right to realize upon or enforce any other security now or hereafter held by Trustee or <br />Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee <br />in such order and manner as they or either of them may in their absolute discretion determine. <br />
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