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200512497
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200512497
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Last modified
12/22/2005 4:34:14 PM
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12/22/2005 4:34:13 PM
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DEEDS
Inst Number
200512497
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<br />200512497 <br /> <br />additional insured, with the loss proceeds payable to the parties as their interests may appear <br />hereunder. TRUSTOR agrees to provide BENEFICIARY with copies of such policies or <br />certificates of insurance during the term of this indebtedness, which policies of insurance <br />may not be canceled by said carrier without I5-days written notice to BENEFICIARY. <br /> <br />TRUSTOR covenants and agrees that a failure to make any payment on the Note secured <br />hereby when due and payable, or a failure to comply with any of the covenants and agreements <br />herein made shall cause the whole sum of money hereby secured to become immediately due and <br />collectible at the option of the BENEFICIARY, and BENEFICIARY shall have the right to cause <br />Notice of Default to be given and the premises to be sold as provided herein. <br /> <br />The parties mutually agree as follows: <br /> <br />A. At any time and from time to time upon written request of BENEFICIARY, payment of fees <br />and presentation of this Deed of Trust and the Note for endorsement (in case of full <br />reconveyance, for cancellation and retention), without affecting the liability of any person <br />for the payment of the indebtedness, TRUSTEE may (a) consent to the making of any map <br />or plat of said property; (b) join in granting any easement or creating any restriction thereon; <br />(c) join in any subordination or other agreement affecting this Deed of Trust or the lien or <br />charge thereof; (d) reconvey this Deed of Trust or the lien or charge thereof; (d) reconvey, <br />without warranty, all or any part of said property. <br /> <br />B. The Grantee in any Deed of Reconveyance may be described as "the person or persons <br />entitled thereto", and the recitals therein of any matters or facts shall be conclusive proof of <br />the truthfulness thereof. <br /> <br />C. Upon default by TRUSTOR in the payment of indebtedness secured hereby or in the <br />performance of any agreement hereunder, BENEFICIARY may declare all sums secured <br />hereby immediately due and payable by delivery to TRUSTEE of written declaration of <br />default. If BENEFICIARY desires said property to be sold, it shall deposit with TRUSTEE <br />this Deed of Trust and all promissory notes and documents evidencing expenditures secured <br />hereby, and shall deliver to TRUSTEE a written Notice of Default and election to cause said <br />property to be sold in the form required by law, which shall be duly filed for record by <br />TRUSTEE. <br /> <br />(1) After the lapse of such time as may be required by law (presently being one (I) <br />month following the recordation of said Notice of Default), Notice of Default and <br />Notice of Sale having been given as required by law, TRUSTEE, without demand <br />on TRUSTOR, shall sell said property on the date and at the time and place <br />designated in said Notice of Sale, at public auction to the highest bidder, the <br />purchase price payable in lawful money of the United States at the time of sale. The <br />person conducting the sale may, for any cause he deems expedient, postpone the <br />sale from time to time until it shall be completed and in every such case, notice of <br />postponement shall be given by public declaration thereof by such person at the time <br />and place last appointed for the sale; provided, if the sale is postponed for longer <br />than one (1) day beyond the day designated in the Notice of Sale, notice thereof <br />shall be given in the same manner as the original Notice of Sale. TRUSTEE shall <br />execute and deliver to the purchaser his Deed conveying said property so sold, but <br />without any covenant or warranty, express or implied. The recitals in the Deed of <br />any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including BENEFICIARY, may purchase at the sale. TRUSTOR hereby <br />covenants to warrant and defend the title of the above property to purchaser at sale. <br /> <br />D. When the TRUSTEE sells the trust property pursuant to the powers granted herein, the <br />TRUSTEE shall apply the proceeds from the sale of such property in the following order of <br />priority: <br /> <br />-2- <br />
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