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1988
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88100022
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Last modified
3/9/2007 5:40:56 PM
Creation date
3/9/2007 4:28:32 AM
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DEEDS
Inst Number
88100022
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<br />r <br /> <br />88_ 1000,'J~ <br /> <br />property so sold and any statement or reci tal of fact in such <br />instrument in relation to the non-payment of the Indebtedness, <br />existence of the Indebtedness, notice, sale and receipt of the <br />proceeds of sale, shall be presumptive evidence of the truth of <br />such statements or recitals, and Mortgagor binds itself to warrant <br />and forever defend the title of such purchaser or purchasers, and <br />(iii) to receive the proceeds of the said sale. <br /> <br />The Trustee may sell and convey the Mortgaged Property <br />under the power aforesaid and otherwise act in his capacity as <br />Trustee hereunder, although the Trustee has been, may. now be or <br />hereafter be attorney, agent or employee of the Beneficiary. <br /> <br />any other <br />of Trust, <br />otherwise, <br /> <br />(d) The proceeds of any such sale together with <br />sums which then may be held by Trustee under this Deed <br />whether under the provisions of this Article III or <br />shall be applied as follows: <br /> <br />First: to the payment of <br />expenses--of Trustee in executing <br />reasonable fee to the Trustee; <br /> <br />all <br />this <br /> <br />charges, costs and <br />trust, including a <br /> <br />Second: to the payment of the costs and expenses of <br />such sale, including reasonable compensation to Beneficiary, <br />its agents and attorneys, and of any judicial or private <br />proceedings in which such sale may be made, and of all other <br />expenses, liabilities and advances made or incurred by <br />Beneficiary under this Deed of Trust, together with interest <br />at the Default Rate on such costs, expenses and liabilities <br />and on all advances made by Beneficiary from the date any <br />such cost, expense or liability is due, oWing or unpaid or <br />any such advance is made, in each case until paid in full; <br /> <br />Third: to the payment of any Indebtedness then due, <br />oWing or unpaid, other than interest and principal in respect <br />of the Loan secured by this Deed of Trust, and amounts <br />payable under subparagraph "Firstll and IISecondll above, <br />together with interest on each such amount at the Default <br />Rate from and after the date such amount is due, owing or <br />unpaid until paid in full; <br /> <br />Fourth: to the payment of the interest then due, owing <br />or unpaid in respect of the Loan secured by this Deed of <br />Trust, together with, to the maximum extent permitted by law, <br />interest thereon at the Default Rate from the date such <br />amount is due, owing or unpaid until paid in full; <br /> <br />Fifth: to the payment of the whole amount of prinCi- <br />pal then due, owing or unpaid in respect of the Loan secured <br />by this Deed of Trust, to be applied in accordance with the <br />Loan Agreement, with interest on such unpaid principal at the <br />Defaul t Rate from and after the happening of any Event of <br />Default until paid in full; and <br /> <br />-23- <br /> <br />L <br /> <br />L <br /> <br />-.J <br /> <br />/ <br />r.. <br /> <br />L <br />
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