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88102043
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1988
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88102043
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Last modified
3/9/2007 5:41:14 PM
Creation date
3/9/2007 4:33:34 AM
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DEEDS
Inst Number
88102043
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<br />I <br /> <br />88- 102043 <br /> <br />deliver to Trustee a written declaration of default and demand <br />for sale. Trustor agrees that the Trustee shall have, and <br />hereby grants to the Trustee, a power of sale of the Mortgaged <br />Property and if Holder decides the Mortgaged Property is to be <br />sold it shall deposit with Trustee this Deed of Trust and the <br />note or notes and any other documents evidencing expenditures <br />secured hereby, and sha 11 de 1 i ver to Trustee a wri t ten not ice <br />of default and election to cause the Mortgaged Property to be <br />sold, and Trustee, in turn, shall prepare a similar notice in <br />the form required by law, which shall be duly filed for record <br />by Trustee. After the lapse of such time as may be required by <br />law following the recordation of Notice of Default, and Notice <br />of Default and Notice of Sale having been given as required by <br />law, Trustee, without demand on Borrower, shall sell the <br />Mortgaged Property in one or more parcels and in such order as <br />Holder may determine on the date and the time and place <br />designated in said Notice of Sale, at public auction to the <br />highest bidder, ,:he purchase price to be payable in cash in <br />lawful money of the United States at the time of sale. The <br />person conducting the sale may, for any cause he or she deems <br />expedient, postpone the sa Ie from time to time unt i lit sha 11 <br />be completed and, in every such case, not ice of postponement <br />shall be given by public declaration thereof by such person at <br />the time and place last appointed for the sale; provided, if <br />the sale is postponed for longer than one (1) day beyond the <br />day c.esignated in the Notice of Sale, notice thereof shall be <br />given in the same manner as the original Notice of Sale. <br />Trustee sha 11 execute and de liver to the purchaser its Deed <br />conveying the Mortgaged Property so sold, but without any <br />covenant or warranty, express or implied. The recitals in the <br />Deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including without limitation <br />Holder or Trustee, may purchase at the sale. When Trustee <br />sells pursuant to the powers herein, Trustee shall al?ply the <br />proceedS of the sale in the manner set forth in Section 4.9 <br />hereof. <br /> <br />4.2 Holder may, after notification, if any, hereafter <br />provided in this Section 4.2, sell, lease or otherwise dispose <br />of, at the office of Holder, or on the Mortgaged Property, or <br />elsewhere, as chosen by Holder, all or any part of the <br />Mortgaged Property constituting fixtures or personal property <br />in its then condition, or following any commercially reasonable <br />pr~paration or processing, and each Sale (as used herein 'the <br />term "Sa Ie" means any such sa Ie, lease or other di spas i t ion <br />made pursuant to this Sect ion 4.2) may be as a uni t or in <br />parcels, by public or private proceedings, and by way of one or <br />more contracts, and, at any Sale, it shall not be neces'sary to <br />exhibit such fixtures or personal property, or part thereof, <br />being sold. The Sale of any part of such fixtures or personal <br /> <br />- 7 - <br /> <br />L <br /> <br />~ <br /> <br />L <br />
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