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88102147
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1988
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88102147
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3/9/2007 5:41:15 PM
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3/9/2007 4:33:52 AM
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DEEDS
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88102147
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<br />88- 1021<17 <br /> <br />nates and any other documents evidencing expenditures secured hereby, and <br />shall deliver to Trustee a uritten notice of default and election to cause <br />the Property to be sold, and Trustee, in turn, shall prepare a similar <br />notice in the form required by law, which shall be duly filed for record by <br />Trustee. <br /> <br />(a) After the lapse of such time as may be required by law following <br />the recordation of Notice of Default, and notice of Default and Notice <br />of Sale having been given as required by law, Trustee, without demand <br />on Trustor, shall sell the Property hereinbefore described, and any <br />and every part thereof, in separate parcels or en masse as the Trustee <br />may elect and in such order as Trustee may determine on the date and <br />at the time and place designated in said Notice of Sale, at public <br />auction to the highest bidder, the purchase price payable in cash in <br />lawful money of the Untied States at the time of sale. The person <br />conducting the sale may, for any cause he or she deems expedient, <br />postpone the sale from time to time until it shall be completed and, <br />in every such case, notice of postponement shall be given by pUblic <br />declaration thereof by such person at the time and place last appointed <br />for the sale; provided, if the sale is postponed for longer than one <br />(1) day beyond the day designated in the Notice of Sale, notice <br />thereof shall be given in the same manner as the original Notice of <br />sale. Trustee shall execute and deliver to the purchaser its Deed <br />conveying the property so sold, but without any covenant or warranty, <br />express or implied. The recitals in the Deed of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. Any person, <br />including without limitation, Beneficiary or Trustee may purchase at <br />the sale. Said sale shall be conducted at the real estate forming a <br />part of the Property or at the court house in the county in which the <br />Property to be sold, or some part thereof, is situated. <br /> <br />I <br />~ <br />I <br /> <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall <br />apply the proceeds of the sale to payment of the costs and expenses of <br />exercising the power of sale and of the sale, including, without <br />limitation, the payment of Trustee's fees incurred, which Trustee's <br />fees shall not in the aggregate exceed the sum of Five Hundred and <br />nollOOths Dollars ($500.001 plus 1/2 of 1% of the amount secured <br />hereby and remaining unpaid and then to the items set forth in sub- <br />paragraph (c) of this paragraph FIFTH in the order therein stated. <br /> <br />(c) After paying the items specified in subparagraph (b) of this <br />paragraph FIFTH, if the sale is by Trustee, or the proper court and <br />other costs of foreclosure and sale if sale is pursuant to judicial <br />foreclosure, the proceeds of sale shall be applied in the order stated <br />below to the payment of: <br /> <br />(1) Cost of any evidence of title procured in connection with <br />such sale and of any revenue required to be paid; <br /> <br />(21 All sums then secured hereby; <br /> <br />(3) The remainder, if any, to the person or persons legally <br />entitled thereto. <br /> <br />Each of the parties to this Deed of Trust hereby requests that a copy of <br />any Notice of Default and a copy of any Notice of Sale provided for herein- <br />above be mailed to each such party at his post office address set forth <br />herein. Upon the occurrence of any default hereunder, Beneficiary shall <br />have the option to foreclose this Deed of Trust in the manner provided by <br />law for the foreclosure of mortgages on real property. <br /> <br />L <br /> <br />SIXTH: Trustor specifically agrees that (a) Trustor, at its ex- <br />pense;-wI!l execute and deliver to Beneficiary, promptly upon request, such <br />security instruments as may be required by Beneficiary, in a form and <br />substance satisfactory to Beneficiary, covering any of the Property con- <br />veyed by this Deed of Trust which security instruments shall be additional <br />security for Trustor's faithful performance of all of the terms, covenants <br />and conditions of this Deed of Trust, the Note and indebtedness secured <br />hereby, and any other security instruments executed in connection with the <br />indebtedness secured by this Deed of Trust; and all such instruments sholl <br />be filed and recorded at Trustor's expense; (bl Beneficiary may. from timp <br />to time, by written instrument executed and acknowledged by Benefici.1J"Y, <br /> <br /> <br /> <br />" <br /> <br /> <br />.' <br /> <br />--1' <br />
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