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200600864
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200600864
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Last modified
2/1/2006 9:44:54 AM
Creation date
2/1/2006 9:44:54 AM
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DEEDS
Inst Number
200600864
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<br />200600864 <br /> <br />(1) After the lapae of auch time "a may be required by law <br />(presently being one (J-) month following the recordation of <br />said Notice of Default), Notice of Default and Notice of Sale <br />having been given as required by law, TRUSTEE, ~ithout demand <br />on TRUSTORS, shall aell said property on the date and at the <br />time and pl.ce designated in said Notice of Sale, at public <br />"uction to the highest bidder, t~e purch"se price payable in <br />lawful money of the United States at the time of sale The <br />person conducting the sale may, for any cause he deems <br />expedient, postpone the sale from time to time until it shall <br />be completed and in every such case, notice of postponement <br />shall be given by public declaration thereof by such person <br />at the time and place last appointed for the sale; provided, <br />if the sale is postponed for longer than one (1) day beyOnd <br />the day desisnated in the Notice of Sale, notice thereof <br />shall be given in the same manner as the original Notice of <br />Sale. TRUSTEE shall execute and deliver to the purchaser hia <br />Deed conveying said property eo 501d, but without any <br />covenant or warranty, exp.ess or implied- The recitals in <br />the Deed of any matters or facts shall be conclusive proof of <br />the truthfulnesS thereof- Any person, including <br />:BENEFICIARIES, may purchase at the sale. TRUSTORS hereby <br />covenant to warrant and defend the title Of the above <br />property to the purchaser at sale. <br /> <br />D. When the TRUSTEE sells the trust property pursuant to the powers <br />granted herein, the TRUStEE shall apply the proceeds from the sale <br />of such property in the follo~ing order of priority: <br /> <br />(l) To the cost and expense of exercising the power of sale and <br />of the sale. inclUding attorney fees, evidence of tide and <br />ot.her sale expenses, and a trustee's fee not to exceed two <br />Percent (2t) of the gross sale price; <br /> <br />(2) To the paym~mt of the obligation secured by this :De..d of <br />Trust and Trust Deed Note; <br /> <br />(3) To tile payment of junior Trust Deeds, mortgages or other <br />lienholders; <br /> <br />(4) The balance, if any, to the person or persons legally <br />entitled thereto. <br /> <br />E. upon the occurrence of any default hereunder, BENEFICIARIES shall <br />have, in addition to such other options as may be granted herein, <br />the further optiop to fo.eclose this Deed of Trust in the manner <br />provided by law for foreclosures of mortgages on real property. <br /> <br />p_ BENEFICIARIES may trom time to time substitute a successor or <br />euccessors to any TRUSTEE named herein or actins hereunder. Upon <br />such appointmen~, and without conveyance to the successor TRUST~, <br />the latter shall be vested with all title, powers and duties <br />conferred upon any TRUSTEE herein named or acting hereunder. Each <br />such appointment and substitution shall be made by wri~ten <br />instrument and executed by BENEFICIARIES, containing reference to <br />this Deed of Trust and ita place of record, which, when recorded in <br />the of tic.. of the Register of Deeds of the county or counties in <br />Which said property is si~uated, shall be conclusive proof of <br />proper appointment of the successor TRUST!!:E. The foregoing power <br />of substitution and the procedure therefore shall not be exclusive <br />of che power and procedure provided for by law for the substitution <br />of a TRUSTEE in the place of the TRUSTEE named herein- <br /> <br />G. TRUSTORS covenant and agree that upon any attempted conveyance, <br />aseigpment, pledge or transfer of apy of their interest: in the <br />premises during the term of the loan secured hereby, the <br />BENEFICIARIES shall have the option of declaring the unpaid balance <br />immediately due and payable, and if ~.id sum remains unpaid for Ten <br />(lO) days thereafter, BENEFICIARIES can cauee Notice of Default to <br />be given and the premises be sold as provided herein. <br /> <br />-3- <br />
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